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A09689 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9689--B
 
                   IN ASSEMBLY
 
                                    February 2, 2018
                                       ___________
 
        Introduced  by  M. of A. SEPULVEDA, PICHARDO, WILLIAMS, CASTORINA, DICK-
          ENS, BLAKE, GOTTFRIED, COLTON,  STECK,  CROUCH,  LAWRENCE,  PALMESANO,
          ERRIGO,  D'URSO  --  Multi-Sponsored by -- M. of A. SIMON -- read once
          and referred to the Committee on Education  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- again  reported  from  said  committee  with  amendments,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the education law, in relation to administering asthma
          rescue medications and authorizing schools to possess  and  administer
          asthma rescue medications in emergency situations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section  6527  of  the  education  law  is
     2  amended by adding a new paragraph (h) to read as follows:
     3    (h) administering asthma rescue medications.
     4    §  2. Subdivision 4 of section 6909 of the education law is amended by
     5  adding a new paragraph (h) to read as follows:
     6    (h) administering asthma rescue medications.
     7    § 3. Section 916 of the education law, as amended by  chapter  423  of
     8  the laws of 2014, is amended to read as follows:
     9    §  916.  Pupils  with  asthma or another respiratory disease requiring
    10  rescue inhaler treatment. 1. The board of education or trustees of  each
    11  school  district,  including  the  board of education of the city of New
    12  York, and board of cooperative educational services shall  allow  pupils
    13  who  have  been diagnosed by a physician or other duly authorized health
    14  care provider with an asthmatic condition or another respiratory disease
    15  to carry and use a prescribed inhaler and self-administer inhaled rescue
    16  medications to alleviate respiratory symptoms or to prevent the onset of
    17  exercise induced asthmatic symptoms during  the  school  day  on  school
    18  property  and  at any school function as such terms are defined, respec-
    19  tively, by subdivisions one and two of section eleven of  this  chapter,
    20  with  the  written  permission  of  a physician or other duly authorized
    21  health care provider, and written parental consent. The written  permis-
    22  sion  shall  include  an attestation by the physician or the health care
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14183-04-8

        A. 9689--B                          2
 
     1  provider confirming the following: (a) the pupil is diagnosed with asth-
     2  ma or another respiratory disease for which inhaled  rescue  medications
     3  are prescribed to alleviate respiratory symptoms or to prevent the onset
     4  of  exercise  induced  asthmatic  symptoms;  and  (b) that the pupil has
     5  demonstrated that he or she can self-administer the  prescribed  inhaled
     6  rescue  medication  effectively.    The  written  permission  shall also
     7  include the name of the prescribed inhaled rescue medication, the  dose,
     8  the  times  when  the medication is to be taken, the circumstances which
     9  may warrant the use of the medication and the length of time  for  which
    10  the inhaler is prescribed. A record of such consent and permission shall
    11  be  maintained  in  the student's cumulative health record. In addition,
    12  upon the written request of a parent or person in parental relation, the
    13  board of education or trustees of a school district, including the board
    14  of education of the city of New York, and board  of  cooperative  educa-
    15  tional services shall allow such pupils to maintain an extra such inhal-
    16  er  in  the  care  and  custody of a licensed nurse, nurse practitioner,
    17  physician assistant, or physician employed by such district, the city of
    18  New York, or board of cooperative educational  services,  and  shall  be
    19  readily  accessible to such pupil. Nothing in this section shall require
    20  a school district, the city of New York, or board of cooperative  educa-
    21  tional  services  to retain a licensed nurse, nurse practitioner, physi-
    22  cian assistant, or physician solely for the purpose of taking custody of
    23  a spare inhaler for the treatment of asthma  or  a  respiratory  disease
    24  requiring rescue medication treatment, or require that a licensed nurse,
    25  nurse  practitioner,  physician  assistant, or physician be available at
    26  all times in a school building for the purpose of taking custody of  the
    27  inhaler.  In addition, the medication provided by the pupil's parents or
    28  persons in parental relation shall be made available  to  the  pupil  as
    29  needed  in  accordance with the school district's, board of education of
    30  the city of New York's, or board of  cooperative  educational  services'
    31  policy and the orders prescribed in the written permission of the physi-
    32  cian or other authorized health care provider.
    33    2.  (a)  School districts, boards of cooperative educational services,
    34  county vocational education and extension boards, charter  schools,  and
    35  non-public  elementary  and  secondary schools in this state may provide
    36  and maintain on-site in each instructional school facility asthma rescue
    37  medications in quantities and  types  deemed  by  the  commissioner,  in
    38  consultation  with  the  commissioner of health, and for the city of New
    39  York, the commissioner of health of the city of New York, to be adequate
    40  to ensure ready and appropriate access for use during emergencies.
    41    (b) Every parent or guardian of a pupil who is administered such asth-
    42  ma rescue medications shall be notified in writing of such incident. The
    43  required content of such notification shall be determined by the commis-
    44  sioner, in consultation with the commissioner of  health,  and  for  the
    45  city  of  New  York, the commissioner of health of the city of New York,
    46  and shall at a minimum include:
    47    (i) A recommendation that such pupil be evaluated by  a  physician  or
    48  other  duly  authorized  health care provider to determine if such pupil
    49  has an asthmatic condition or another respiratory disease; and
    50    (ii) A recommendation that if such pupil is diagnosed with such condi-
    51  tion or disease that the parent or guardian take the  actions  necessary
    52  to ensure the pupil may receive asthma controller medications and asthma
    53  rescue  medications  in  school. If the pupil is able to self-carry, the
    54  parent or guardian take the actions necessary under subdivision  one  of
    55  this  section  for  such pupil to carry and use a prescribed inhaler and
    56  self-administer inhaled  rescue  medications  to  alleviate  respiratory

        A. 9689--B                          3
 
     1  symptoms  or to prevent the onset of exercise induced asthmatic symptoms
     2  during the school day on school property and at any school  function  as
     3  such  terms  are  defined,  respectively, by subdivisions one and two of
     4  section eleven of this chapter.
     5    3.  A school district, including the board of education of the city of
     6  New York, board of cooperative educational services and/or their  agents
     7  or  employees shall incur no legal or financial liability as a result of
     8  any harm or injury sustained by  a  pupil  or  other  person  caused  by
     9  reasonable and good faith compliance with this section.
    10    §  4.  This act shall take effect on the first of July next succeeding
    11  the date on which it shall have become a law. Effective immediately, the
    12  addition, amendment and/or repeal of any rule  or  regulation  necessary
    13  for  the implementation of this act on its effective date are authorized
    14  and directed to be made and completed on or before such effective date.
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