•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 

S01105 Summary:

BILL NOS01105A
 
SAME ASSAME AS A06505-B
 
SPONSORKLEIN
 
COSPNSRCARLUCCI, DILAN, ESPAILLAT, SAVINO
 
MLTSPNSR
 
Add Art 27-BB §§2725 - 2727, Art 13-I §§1399-xx & 1399-yy, Art 24-F §§2499-b - 2499-d, amd §§2111 & 1399-o-1, Pub Health L; add §§3001-e, 1527-a & 923, Ed L; add §235-h, RP L; amd §33-0303, En Con L; add §144, Pub Bldg L
 
Enacts comprehensive provisions to curtail the incidence of asthma and other respiratory diseases; requires teachers in public and non-public school systems to be trained in identifying and responding to asthma emergencies in accordance with standards to be prescribed by the commissioner of education in consultation with the commissioner of health; provides for a program of asthma disease management and control within the department of health; program shall provide various services to health care providers, patients, and others; authorizes the commissioner of health to make grants; provides for a study of asthma incidence and prevalence; provides for an annual report on the program; requires health care providers to provide pregnant women with information on in-utero exposure to tobacco smoke; requires residential leases to include information on the smoking restrictions for the leased premises and in common areas; prohibits idling of motor vehicle engines upon school grounds; authorizes school boards to allow certain students to use inhalers or nebulizers; requires the school that authorizes the use of an inhaler to prepare an asthma treatment plan for the student; ensures safety of all students who suffer from respiratory illnesses in New York; requires reporting of cases of asthma; provides for the curtailing of the use of chemicals which may trigger asthma episodes; provides for the use of the least toxic pesticides which effectively eradicate the targeted organism; includes certain respiratory diseases within the disease management demonstration program; provides for the reduction of emphysema, chronic bronchitis and other chronic respiratory diseases in children; relates to smoking restrictions in certain outdoor areas.
Go to top

S01105 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1105--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     January 8, 2015
                                       ___________
 
        Introduced  by  Sens.  KLEIN, CARLUCCI, DILAN, ESPAILLAT, SAVINO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on  Health  --  recommitted  to  the Committee on Health in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the public health law, in relation to  establishing  the
          asthma  prevention and education program (Part A); to amend the public
          health  law,  in  relation  to  in-utero  exposure  to  tobacco  smoke
          prevention  (Part  B);  to amend the public health law, in relation to
          reporting on the incidence of asthma (Part C);  to  amend  the  public
          health  law,  in  relation  to  including certain respiratory diseases
          within disease management demonstration programs (Part  D);  to  amend
          the  public health law, in relation to smoking restrictions in certain
          outdoor areas (Part E); to amend the education  law,  in  relation  to
          requiring  all teachers to be trained in identifying and responding to
          asthma emergencies (Part F);  to  amend  the  real  property  law,  in
          relation  to residential rental property smoking policies (Part G); to
          amend the education law, in relation to requiring school districts and
          private elementary and secondary schools to  establish  and  implement
          rules  prohibiting  the  engine  of any motor vehicle to remain idling
          while parked or standing on school grounds  (Part  H);  to  amend  the
          education law, in relation to the use of inhalers and nebulizers (Part
          I); to amend the environmental conservation law, in relation to pesti-
          cide  alternatives  used at schools and day care centers (Part J); and
          to amend the public buildings law, in relation to curtailing  the  use
          of cleaning materials that induce or trigger asthma episodes (Part K)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which combat the incidence of asthma and other respiratory diseases such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03883-05-5

        S. 1105--A                          2
 
     1  as  emphysema and chronic bronchitis. Each component is wholly contained
     2  within a Part identified as Parts A through K. The  effective  date  for
     3  each particular provision contained within such Part is set forth in the
     4  last section of such Part. Any provision in any section contained within
     5  a  Part,  including the effective date of the Part, which makes a refer-
     6  ence to a section "of this act",  when  used  in  connection  with  that
     7  particular  component,  shall  be deemed to mean and refer to the corre-
     8  sponding section of the Part in which it is found. Section four of  this
     9  act sets forth the general effective date of this act.
    10    §  2.  Legislative  findings  and  purpose. The legislature finds that
    11  asthma is a chronic, potentially life-threatening,  respiratory  illness
    12  that affects over a million New Yorkers, including thousands of children
    13  and  adolescents.  Asthma is the leading cause of school absences attri-
    14  buted to chronic conditions. Asthma is also directly linked to large and
    15  growing inpatient bills for  medicaid  and  other  health  care  payers.
    16  Therefore,  the  legislature  finds  that  establishing  a comprehensive
    17  statewide asthma prevention management and control program which coordi-
    18  nates the efforts  of  individuals,  families,  health  care  providers,
    19  schools  and community-based organizations is in the public interest and
    20  would benefit the people of the state of New York.
 
    21                                   PART A
 
    22    Section 1. The public health law is amended by adding  a  new  article
    23  27-BB to read as follows:
    24                                 ARTICLE 27-BB
    25                    ASTHMA DISEASE MANAGEMENT AND CONTROL
    26  Section 2725. Asthma disease management and control program.
    27          2726. Study of asthma incidence and prevalence.
    28          2727. Annual report.
    29    §  2725.  Asthma  disease  management and control program. 1. There is
    30  hereby created within the department the asthma disease  management  and
    31  control  program  (hereinafter  referred  to  in  this  article  as  the
    32  "program"). The purpose of the program  is  to  promote  asthma  disease
    33  management  and education and outreach about asthma to people who suffer
    34  from asthma and their families, health care providers, and  the  general
    35  public.
    36    2. Services to be provided by the program may include:
    37    (a)  asthma  disease  management  and case management for patients and
    38  their families;
    39    (b) asthma outreach and screening;
    40    (c) the promotion of awareness of the causes of asthma;
    41    (d) education on prevention strategies;
    42    (e) education on proper disease management practices; and
    43    (f) education on available treatment modalities.
    44    3. The commissioner shall make grants within the amounts  appropriated
    45  therefor  to  local  health  agencies,  health  care providers, schools,
    46  school based health centers and community-based organizations, and other
    47  organizations  with  demonstrated  interest  and  expertise  in  serving
    48  persons  with  asthma  to  provide the services set out in this section.
    49  Grant recipients shall be government entities or  not-for-profit  organ-
    50  izations.
    51    The commissioner may coordinate grants under this subdivision with the
    52  availability  of  grants  from  other sources. The commissioner may also
    53  accept or seek grants from other sources to enhance the  amounts  appro-
    54  priated to the program.

        S. 1105--A                          3
 
     1    §  2726.  Study  of asthma incidence and prevalence. 1. The department
     2  shall study the incidence and prevalence of asthma in the state's  popu-
     3  lation  and  current  disease  management  practices.  Such  study shall
     4  utilize information obtained pursuant to article twenty-four-F  of  this
     5  chapter, and include:
     6    (a) the cause and nature of the disease;
     7    (b) behavioral and environmental triggers;
     8    (c)  an assessment of the need for patient-centered case management to
     9  meet specific physical and environmental needs of patients;
    10    (d) outcome  evaluations,  including,  but  not  limited  to,  patient
    11  perceptions  of  improvement,  signs  and  symptoms of asthma, pulmonary
    12  function, history of asthma exacerbations,  pharmacotherapy,  assessment
    13  of  hospital  emergency  room  visits  for  asthma, and patient-provider
    14  communication; and
    15    (e) an assessment of the ability of providers,  including  non-profes-
    16  sionals  and health care professionals such as physicians, nurses, phar-
    17  macists and respiratory therapists, to systemically instruct and develop
    18  asthma management plans for patients and frequently review with patients
    19  and their families how to manage and control their asthma.
    20    2. The department shall gather data  for  monitoring  the  occurrence,
    21  frequency, incidence, cause, effect and severity of asthma.
    22    (a) The department may require the following to report data under this
    23  subdivision:
    24    i. the statewide planning and research cooperative system (SPARCS);
    25    ii.  health  maintenance  organizations  licensed  pursuant to article
    26  forty-three of the insurance law or certified pursuant to  this  chapter
    27  or  an independent practice association certified or recognized pursuant
    28  to this chapter;
    29    iii. other insurers;
    30    iv. the Medicaid (title  XIX  of  the  federal  social  security  act)
    31  program;
    32    v. health facilities;
    33    vi. health care practitioners;
    34    vii. patients: self reporting;
    35    viii. the department of environmental conservation; and
    36    ix. any other source the commissioner deems appropriate.
    37    (b) The department shall compile and analyze data gathered under para-
    38  graph (a) of this subdivision and article twenty-four-F of this chapter,
    39  and  correlate  it  with data as to places of employment, areas of resi-
    40  dence, schools attended, ages of those afflicted, environmental  factors
    41  including  proximity  to  source of pollution and such other data as the
    42  department deems appropriate.
    43    (c) The department shall maintain  and  compile  reported  data  in  a
    44  manner  suitable  for  research purposes and shall collect and make such
    45  data available to persons in the manner set forth in  subdivision  three
    46  of this section.
    47    3.  Any  data  collected or reported shall not contain the name of any
    48  patient, his or her social security number,  or  any  other  information
    49  which  would  permit  a  patient  to be identified. The department shall
    50  develop a unique, confidential identifier to be used in  the  collection
    51  of patient information as required by this section.
    52    §  2727.  Annual  report. On or before the first of January during the
    53  two calendar years next succeeding the effective date  of  this  section
    54  and  biennially  thereafter,  the  commissioner  shall  submit  a report
    55  regarding the status and accomplishments  of  the  program  and  provide
    56  recommendations to the governor, the temporary president and the minori-

        S. 1105--A                          4
 
     1  ty  leader of the senate, and the speaker and the minority leader of the
     2  assembly. Such report may be submitted in conjunction  with  the  report
     3  required by article twenty-four-F of this chapter.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it  shall  have  become a law. Effective immediately the commissioner of
     6  health is authorized to promulgate any and all rules and regulations and
     7  take any other measures necessary to implement the  provisions  of  this
     8  act on its effective date.
 
     9                                   PART B
 
    10    Section  1.  The  public health law is amended by adding a new article
    11  13-I to read as follows:
    12                                ARTICLE 13-I
    13                IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION
    14  Section 1399-xx. In-utero exposure prevention.
    15          1399-yy. Programs.
    16    § 1399-xx. In-utero exposure prevention. 1. Every healthcare provider,
    17  healthcare insurer and pregnancy program shall distribute information on
    18  the adverse effects of smoking during pregnancy for both  firsthand  and
    19  secondhand smoke. Such adverse effects to the infant include lower birth
    20  rates,  higher incidence of asthma and obesity, and cognitive and devel-
    21  opmental damage.
    22    2. Every healthcare provider shall monitor expectant mothers'  smoking
    23  statuses  and  offer  continuous tailored discussion of quitting smoking
    24  with expectant mothers during their prenatal care.
    25    § 1399-yy. Programs. The following programs shall be added to existing
    26  tobacco control programs  for  pregnant  women  or  to  other  pregnancy
    27  related programs:
    28    1. Carbon monoxide monitoring;
    29    2.  Depression,  social  support  and  domestic violence screening and
    30  referrals;
    31    3. Referrals for smoking cessation for household members;
    32    4. Ongoing support by counseling and educational materials; and
    33    5. Financial incentives such as shipping voucher or diaper coupons for
    34  quitting for more than four weeks.
    35    § 2. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law. Provided,  that  effective  immediately  the
    37  commissioner  of health is authorized and directed to promulgate any and
    38  all rules and regulations, and take  any  other  measures  necessary  to
    39  implement the provisions of this act on its effective date.
 
    40                                   PART C

    41    Section  1.  The  public health law is amended by adding a new article
    42  24-F to read as follows:
    43                                ARTICLE 24-F
    44                              ASTHMA REPORTING
    45  Section 2499-b. Asthma; duty to report.
    46          2499-c. Reporting.
    47          2499-d. Asthma; reports confidential.
    48    § 2499-b. Asthma; duty to report. 1. Every physician and other  health
    49  care  provider shall give notice to the department within thirty days of
    50  every incident of an asthma attack coming under his or her care,  except
    51  as otherwise provided.

        S. 1105--A                          5
 
     1    2.  The person in charge of every asthma reporting facility shall give
     2  notice to the department within thirty days  of  every  incident  of  an
     3  asthma attack coming under the care of such facility.
     4    3.  The  department  shall  establish  regulations  designating  which
     5  specific information shall be reported to  the  department  pursuant  to
     6  this section.
     7    4.  A  physician  or health care provider or asthma reporting facility
     8  which violates any provision of this section shall be subject to a civil
     9  penalty pursuant to section twelve of this chapter.
    10    5. The notices required by this section shall be upon  forms  supplied
    11  by  the  commissioner  and  shall  contain  such information as shall be
    12  required by the commissioner.
    13    6. For the purposes of this section, an  "asthma  reporting  facility"
    14  means  a  hospital  as  defined in article twenty-eight of this chapter,
    15  clinic, any organization certified pursuant  to  article  forty-four  of
    16  this chapter, or other similar public or private institution.
    17    § 2499-c. Reporting. 1. The commissioner shall submit biennial reports
    18  to  the  governor, the temporary president of the senate, the speaker of
    19  the assembly, the minority leader of the senate and the minority  leader
    20  of  the assembly.  The reports shall include an evaluation of the asthma
    21  registry as it relates to timeliness, quality and completeness; an eval-
    22  uation of the utility of the registry for scientific research; an evalu-
    23  ation of the access, timeliness and quality of reporting information  to
    24  researchers  and  other similar individuals; an evaluation of the regis-
    25  try's data elements, including treatment, severity of  disease,  occupa-
    26  tion, age and residence; an evaluation of the feasibility and utility of
    27  inclusion  of  occupational history and residence history; and an evalu-
    28  ation of integrating the registry with  other  databases  maintained  by
    29  state  agencies  and  departments,  including the statewide planning and
    30  research cooperative system.
    31    2. The commissioner shall submit an annual report to the governor, the
    32  temporary president of the senate, the  speaker  of  the  assembly,  the
    33  minority  leader  of the senate and the minority leader of the assembly.
    34  Such report shall include an  evaluation  of  whether  the  registry  is
    35  achieving  asthma  incidence  registry goals established by a nationally
    36  recognized  asthma  registry  organization,  including  numerical  goals
    37  concerning timeliness, quality, and completeness.
    38    §  2499-d. Asthma; reports confidential. The reports of asthma attacks
    39  made pursuant to the provisions of this article shall not be divulged or
    40  made public by any person so as to disclose the identity of  any  person
    41  to  whom they relate, except in so far as may be authorized in the sani-
    42  tary code.
    43    § 2. This act shall take effect on the one hundred eightieth day after
    44  it shall have become a law. Effective immediately, the  commissioner  of
    45  health is authorized to promulgate any and all rules and regulations and
    46  take any other measures necessary to implement this act on its effective
    47  date on or before such date.
 
    48                                   PART D
 
    49    Section  1.  Subdivisions 2 and 4 of section 2111 of the public health
    50  law, as added by section 21 of part C of chapter 58 of the laws of 2004,
    51  are amended to read as follows:
    52    2. The department shall establish the criteria  by  which  individuals
    53  will  be  identified  as  eligible  for  enrollment in the demonstration
    54  programs.  Persons eligible for enrollment  in  the  disease  management

        S. 1105--A                          6
 
     1  demonstration  program  shall  be  limited  to  individuals who: receive
     2  medical assistance pursuant to title  eleven  of  article  five  of  the
     3  social  services  law and may be eligible for benefits pursuant to title
     4  18 of the social security act (Medicare); are not enrolled in a Medicaid
     5  managed  care  plan,  including  individuals who are not required or not
     6  eligible to participate in Medicaid managed care  programs  pursuant  to
     7  section three hundred sixty-four-j of the social services law; are diag-
     8  nosed  with  chronic  health  problems as may be specified by the entity
     9  undertaking the demonstration program, including, but not limited to one
    10  or more of the following: congestive heart failure, chronic  obstructive
    11  pulmonary  disease, asthma, emphysema, chronic bronchitis, other respir-
    12  atory diseases, diabetes or other chronic health conditions  as  may  be
    13  specified  by the department; or have experienced or are likely to expe-
    14  rience one or more hospitalizations or are otherwise expected  to  incur
    15  excessive costs and high utilization of health care services.
    16    4.  The  demonstration program shall offer evidence-based services and
    17  interventions designed to ensure that the enrollees receive high  quali-
    18  ty, preventative and cost-effective care, aimed at reducing the necessi-
    19  ty  for hospitalization or emergency room care or at reducing lengths of
    20  stay when hospitalization is necessary. The  demonstration  program  may
    21  include  screening  of  eligible enrollees, developing an individualized
    22  care management plan for  each  enrollee  and  implementing  that  plan.
    23  Disease management demonstration programs that utilize information tech-
    24  nology  systems  that allow for continuous application of evidence-based
    25  guidelines to medical assistance claims data and other available data to
    26  identify specific instances in which clinical interventions  are  justi-
    27  fied  and communicate indicated interventions to physicians, health care
    28  providers and/or patients, and monitor physician and health care provid-
    29  er response to such interventions, shall have the enrollees,  or  groups
    30  of enrollees, approved by the department for participation. The services
    31  provided  by  the  demonstration  program as part of the care management
    32  plan may include, but are not limited to, case management, social  work,
    33  individualized  health  counselors, multi-behavioral goals plans, claims
    34  data management, health and self-care education, drug therapy management
    35  and oversight, personal emergency response systems and other  monitoring
    36  technologies,  systematic chronic health conditions identified for moni-
    37  toring, telehealth services and similar services designed to improve the
    38  quality and cost-effectiveness of health care services.
    39    § 2. This act shall take effect immediately.
    40                                    PART E
 
    41    Section 1. Legislative intent.  The legislature recognizes that  expo-
    42  sure  to  second-hand smoke is known to cause cancer, pneumonia, asthma,
    43  bronchitis and heart disease in humans, and to trigger  asthma  attacks.
    44  The  legislature  finds  that prohibiting smoking within a presumptively
    45  reasonable minimum distance of fifteen feet  from  entrances  and  exits
    46  that serve enclosed areas where smoking is prohibited is consistent with
    47  such prohibition.  This legislation will apply to any individual occupy-
    48  ing  such  area with the purpose of smoking, but provides exceptions for
    49  individuals passing through such area. Therefore, the legislature  finds
    50  that smoking in such area shall be prohibited and owners and other indi-
    51  viduals in control of such area are recommended to post signs indicating
    52  no smoking areas and providing for fines for violations.
    53    §  2.  Section  1399-o-1 of the public health law, as added by chapter
    54  102 of the laws of 2013, is amended to read as follows:

        S. 1105--A                          7
 
     1    § 1399-o-1. Smoking restrictions; certain outdoor areas. 1.  a.  Smok-
     2  ing  shall  not  be permitted and no person shall smoke during the hours
     3  between sunrise and sunset, when one or more persons under  the  age  of
     4  twelve are present at any playground. For the purposes of this [section]
     5  subdivision,  the  term  "playground"  means  an improved area designed,
     6  equipped, and set aside for play of six or more children  which  is  not
     7  intended  for  use  as  an athletic playing field or athletic court, and
     8  shall include any play equipment, surfacing,  fencing,  signs,  internal
     9  pathways, internal land forms, vegetation, and related structures. Play-
    10  grounds  or playground equipment constructed upon one, two and three-fa-
    11  mily residential real property are exempt from the requirements of  this
    12  [section]  subdivision.    This [section] subdivision shall not apply to
    13  any playground located within the city of New York.
    14    [2.] b. No police officer, peace officer, regulatory  officer  or  law
    15  enforcement  official  may  arrest,  ticket, stop or question any person
    16  based solely or in part on an alleged violation of paragraph a  of  this
    17  subdivision [one of this section], nor may an alleged violation of para-
    18  graph a of this subdivision [one of this section] support probable cause
    19  to  conduct  any  search  or  limited search of any person or his or her
    20  immediate surroundings.
    21    2. a. Smoking is prohibited within a presumptively reasonable  minimum
    22  distance  of fifteen feet from entrances or exits of public buildings or
    23  private buildings that contain state or municipal offices or educational
    24  facilities for elementary or secondary school students.   Such  distance
    25  shall become a designated no smoking zone.
    26    b. Local health departments are authorized to adopt regulations as are
    27  required  to implement this subdivision. Any penalty assessed and recov-
    28  ered in an action brought under this subdivision shall be  paid  to  and
    29  used by the municipality bringing the action.
    30    c. This subdivision shall not apply to individuals walking through the
    31  designated  no  smoking  zone of such area for the purpose of getting to
    32  another destination, but shall only apply to individuals  occupying  the
    33  designated no smoking zone for the purpose of smoking.
    34    d.  Any  person  violating the provisions of this subdivision shall be
    35  guilty of a violation, and is subject to a fine of thirty-five dollars.
    36    e. The commissioner may recommend designs for signs which may be  used
    37  by the owners, operators, managers, employers or other persons, at their
    38  option,  who  control  areas  where  smoking  is  prohibited pursuant to
    39  section thirteen hundred ninety-nine-o of this article. Such signs shall
    40  include the warning that "smoking in this area is punishable by law  and
    41  all violators shall be subject to a fine of thirty-five dollars."
    42    f. Nothing contained in this subdivision is intended to regulate smok-
    43  ing  in a private residence or in the general public outdoors, excepting
    44  places in which smoking is prohibited through the local fire department,
    45  or by other law, ordinance or regulation.
    46    § 3. This act shall take effect on the one hundred twentieth day after
    47  it shall have become a law.
 
    48                                   PART F
 
    49    Section 1. The education law is amended by adding a new section 3001-e
    50  to read as follows:
    51    § 3001-e. Asthma emergencies; training in identification and response.
    52  The commissioner, in consultation with the commissioner of health, shall
    53  establish standards for the training of teachers and  other  appropriate
    54  personnel  in identifying and responding to asthma emergencies in pupils

        S. 1105--A                          8
 
     1  and other persons. Such standards shall specify minimum levels of  know-
     2  ledge  and procedures to be followed. Such standards shall permit train-
     3  ing to be given by persons or organizations deemed qualified to do so by
     4  the commissioner.
     5    §  2. This act shall take effect one year after it shall have become a
     6  law.
 
     7                                   PART G
 
     8    Section 1. The real property law is amended by adding  a  new  section
     9  235-h to read as follows:
    10    §  235-h.  Residential  rental property smoking policies. Every rental
    11  agreement for a dwelling unit, in a multiple dwelling building with four
    12  or more units, shall include a disclosure of the smoking policy for  the
    13  premises  on  which  the  dwelling  unit is located. The disclosure must
    14  state whether smoking is prohibited on  the  premises,  allowed  on  the
    15  entire  premises  or  allowed  in  limited areas on the premises. If the
    16  smoking policy allows smoking in limited  areas  on  the  premises,  the
    17  disclosure  must  identify  the  areas  on the premises where smoking is
    18  allowed.
    19    § 2. This act shall take effect on the first of January next  succeed-
    20  ing the date on which it shall have become a law.
 
    21                                   PART H

    22    Section 1. The education law is amended by adding a new section 1527-a
    23  to read as follows:
    24    §  1527-a.  Idling  motor  vehicles on school grounds. 1. On or before
    25  September first, two thousand eighteen and consistent with  the  commis-
    26  sioner's  regulations,  adopted  pursuant  to section thirty-six hundred
    27  thirty-seven of this chapter, the board of education or board  of  trus-
    28  tees  of  every  school district and the governing body of every private
    29  elementary or secondary school in the state shall promulgate and  imple-
    30  ment  rules  prohibiting  the engine of any motor vehicle, as defined in
    31  section one hundred twenty-five of  the  vehicle  and  traffic  law,  to
    32  remain  idling  for more than one minute while such vehicle is parked or
    33  standing on school grounds, adjacent to school grounds, or in  front  of
    34  any school while loading or off loading passengers.
    35    2.  Each  school  district and private elementary and secondary school
    36  shall conspicuously post signs upon, adjacent and  in  front  of  school
    37  grounds  advising  operators  of motor vehicles of the provisions of the
    38  rules adopted pursuant to subdivision one of this section.
    39    § 2. This act shall take effect immediately.
 
    40                                   PART I
 
    41    Section 1.  The education law is amended by adding a new  section  923
    42  to read as follows:
    43    § 923. Use of nebulizer. 1. Every school district and board of cooper-
    44  ative  educational services in this state may maintain one or more nebu-
    45  lizers in the office of the school nurse  or  in  a  similar  accessible
    46  location.
    47    2.  The commissioner, in consultation with the commissioner of health,
    48  may promulgate regulations for the administration of  asthma  medication
    49  through  the use of a nebulizer by the school nurse or person authorized
    50  by regulation. The regulations may include:

        S. 1105--A                          9
 
     1    a. a requirement that each certified nurse or other person  authorized
     2  to  administer  asthma  medication in schools receive training in airway
     3  management and in the use of nebulizers  and  inhalers  consistent  with
     4  nationally recognized standards; and
     5    b.  a  requirement that each pupil authorized to use asthma medication
     6  pursuant to subdivision one of section  nine  hundred  sixteen  of  this
     7  article  or  a  nebulizer  have an asthma treatment plan prepared by the
     8  physician of the pupil, which identify, at a minimum,  asthma  triggers,
     9  the  treatment  plan,  and such other elements as shall be determined by
    10  the regents.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law; provided, however, that effective immediate-
    13  ly the commissioner of education is authorized to promulgate  rules  and
    14  regulations for the implementation of this act on such effective date.
 
    15                                   PART J
 
    16    Section  1.  Subdivision  7  of  section  33-0303 of the environmental
    17  conservation law, as added by chapter 85 of the laws of 2010, is amended
    18  to read as follows:
    19    7. The commissioner, in consultation with the commissioner  of  educa-
    20  tion  and  the  commissioner of health, shall develop guidance and regu-
    21  lations on pesticide alternatives to facilitate compliance with  section
    22  four  hundred  nine-k of the education law and three hundred ninety-g of
    23  the social services law. Provided, further, that such pesticide alterna-
    24  tives shall help to minimize the incidence of asthma attacks  in  public
    25  and  private  buildings and residences, while still effectively control-
    26  ling the targeted pest or organism.  Such regulations shall provide  for
    27  the  use  of  the least toxic pesticide or pesticides, which effectively
    28  eradicates the targeted pest or organism.
    29    § 2. This act shall take effect immediately.
 
    30                                   PART K
 
    31    Section 1.   The public buildings law  is  amended  by  adding  a  new
    32  section 144 to read as follows:
    33    § 144. Curtail use of chemicals that induce or trigger asthma attacks.
    34  1.    Notwithstanding  any  other  provision of law to the contrary, the
    35  superintendent of every state public building, and of every  transporta-
    36  tion facility operated by a public authority, public benefit corporation
    37  or  municipality shall to the best of his or her ability curtail the use
    38  of cleaning materials or chemicals, exposure to which may  cause  either
    39  the  building cleaning staff or other persons who enter such building to
    40  develop the disease of asthma, or which may  exacerbate  or  trigger  an
    41  asthma attack.
    42    2.  A  determination of which or the quantity or concentration of such
    43  cleaning materials or chemicals exposure to which may cause  persons  to
    44  develop  the  disease  of  asthma, or which may exacerbate or trigger an
    45  asthma attack, shall be made by the commissioner  of  health  who  shall
    46  promulgate a list of such cleaning materials or chemicals.
    47    § 2. This act shall take effect on the one hundred eightieth day after
    48  it shall have become a law.
    49    §  3.  Severability clause. If any clause, sentence, paragraph, subdi-
    50  vision, section or part of this act shall be adjudged by  any  court  of
    51  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    52  impair, or invalidate the remainder thereof, but shall  be  confined  in

        S. 1105--A                         10
 
     1  its  operation  to the clause, sentence, paragraph, subdivision, section
     2  or part thereof directly involved in the controversy in which such judg-
     3  ment shall have been rendered. It is hereby declared to be the intent of
     4  the  legislature  that  this  act  would  have been enacted even if such
     5  invalid provisions had not been included herein.
     6    § 4. This act shall take effect immediately  provided,  however,  that
     7  the  applicable effective date of Parts A through K of this act shall be
     8  as specifically set forth in the last section of such Parts.
Go to top