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A09689 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9689
 
                   IN ASSEMBLY
 
                                    February 2, 2018
                                       ___________
 
        Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
          Committee on Education
 
        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
    23  provider confirming the following: (a) the pupil is diagnosed with asth-
    24  ma  or  another respiratory disease for which inhaled rescue medications
    25  are prescribed to alleviate respiratory symptoms or to prevent the onset
    26  of exercise induced asthmatic symptoms;  and  (b)  that  the  pupil  has
    27  demonstrated  that  he or she can self-administer the prescribed inhaled
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14183-02-8

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

        A. 9689                             3
 
     1  or employees shall incur no legal or financial liability as a result  of
     2  any  harm  or  injury  sustained  by  a  pupil or other person caused by
     3  reasonable and good faith compliance with this section.
     4    §  4.  This act shall take effect on the first of July next succeeding
     5  the date on which it shall have become a law. Effective immediately, the
     6  addition, amendment and/or repeal of any rule  or  regulation  necessary
     7  for  the implementation of this act on its effective date are authorized
     8  and directed to be made and completed on or before such effective date.
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