S07758 Summary:

BILL NOS07758
 
SAME ASSAME AS A09334-B
 
SPONSORFLANAGAN
 
COSPNSRMARCELLINO, RANZENHOFER
 
MLTSPNSR
 
Amd S916, add SS916-a, 916-b, 902-a, 902-b & 921, Ed L
 
Relates to health services in schools; also relates to pupils afflicted with allergies, diabetes, asthma or another respiratory disease.
Go to top    

S07758 Actions:

BILL NOS07758
 
06/05/2014REFERRED TO EDUCATION
06/18/2014COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2014ORDERED TO THIRD READING CAL.1547
06/18/2014SUBSTITUTED BY A9334B
 A09334 AMEND=B Nolan (MS)
 04/11/2014referred to education
 05/09/2014amend and recommit to education
 05/09/2014print number 9334a
 05/13/2014reported referred to codes
 05/28/2014amend and recommit to codes
 05/28/2014print number 9334b
 06/03/2014reported referred to rules
 06/16/2014reported
 06/16/2014rules report cal.298
 06/16/2014ordered to third reading rules cal.298
 06/18/2014passed assembly
 06/18/2014delivered to senate
 06/18/2014REFERRED TO RULES
 06/18/2014SUBSTITUTED FOR S7758
 06/18/20143RD READING CAL.1547
 06/18/2014PASSED SENATE
 06/18/2014RETURNED TO ASSEMBLY
 10/29/2014delivered to governor
 10/30/2014signed chap.423
Go to top

S07758 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7758
 
                    IN SENATE
 
                                      June 5, 2014
                                       ___________
 
        Introduced  by Sens. FLANAGAN, MARCELLINO, RANZENHOFER -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Education
 
        AN  ACT  to  amend  the education law, in relation to health services in
          schools
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section 1. Section 916 of the education law, as amended by chapter 524
     2  of the laws of 2006, is amended to read as follows:
     3    §  916.  Pupils [afflicted] with asthma or another respiratory disease
     4  requiring rescue inhaler treatment.  1. The board of education or  trus-
     5  tees  of  each  school  district  and  board  of cooperative educational
     6  services shall allow pupils who have been diagnosed by  a  physician  or
     7  other  duly authorized health care provider with [a severe] an asthmatic
     8  condition or another respiratory disease to carry and use  a  prescribed
     9  inhaler  and  self-administer  inhaled  rescue  medications to alleviate
    10  respiratory symptoms or to prevent the onset of exercise  induced  asth-

    11  matic  symptoms  during  the  school  day  on school property and at any
    12  school function as such terms are defined, respectively, by subdivisions
    13  one and two of section eleven of this chapter, with the written  permis-
    14  sion  of  a physician or other duly authorized health care provider, and
    15  written parental consent[,  based  on  such  physician's  or  provider's
    16  determination  that  such  pupil  is subject to sudden asthmatic attacks
    17  severe enough to debilitate such pupil].  The written  permission  shall
    18  include  an  attestation  by  the  physician or the health care provider
    19  confirming the following: (a) the pupil  is  diagnosed  with  asthma  or
    20  another  respiratory  disease  for  which inhaled rescue medications are

    21  prescribed to alleviate respiratory symptoms or to prevent the onset  of
    22  exercise  induced  asthmatic symptoms; and (b) that the pupil has demon-
    23  strated that he or she can self-administer the prescribed inhaled rescue
    24  medication effectively. The written permission shall  also  include  the
    25  name  of  the  prescribed inhaled rescue medication, the dose, the times
    26  when the medication is to be taken, the circumstances which may  warrant
    27  the  use  of the medication and the length of time for which the inhaler
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13990-08-4


        S. 7758                             2
 
     1  is prescribed. A record of such consent and permission  shall  be  main-
     2  tained  in  the  [school  office] student's cumulative health record. In
     3  addition, upon the written request of a parent  or  person  in  parental
     4  relation,  the  board  of education or trustees of a school district and
     5  board of cooperative educational services shall  allow  such  pupils  to
     6  maintain  an extra such inhaler in the care and custody of a [registered
     7  professional] licensed nurse, nurse practitioner,  physician  assistant,
     8  or  physician  employed  by such district or board of cooperative educa-
     9  tional services, and shall be readily accessible to such pupil.  Nothing
    10  in this section shall require a school district or board of  cooperative

    11  educational services to retain a [school nurse solely for the purpose of
    12  taking  custody  of  a  spare inhaler, or require that a school nurse be
    13  available at all times in a school building for such  purpose]  licensed
    14  nurse,  nurse practitioner, physician assistant, or physician solely for
    15  the purpose of taking custody of a spare inhaler for  the  treatment  of
    16  asthma  or  a respiratory disease requiring rescue medication treatment,
    17  or require that a licensed nurse, nurse practitioner, physician  assist-
    18  ant, or physician be available at all times in a school building for the
    19  purpose  of  taking  custody of the inhaler. In addition, the medication
    20  provided by the pupil's parents or persons in parental relation shall be

    21  made available to the pupil as needed  in  accordance  with  the  school
    22  district's  or board of cooperative educational services' policy and the
    23  orders prescribed in the written permission of the  physician  or  other
    24  authorized health care provider.
    25    2. A school district, board of cooperative educational services and/or
    26  their agents or employees shall incur no legal or financial liability as
    27  a  result  of  any  harm  or injury sustained by a pupil or other person
    28  caused by reasonable and good faith compliance with this section.
    29    § 2. The education law is amended by adding five new  sections  916-a,
    30  916-b, 902-a, 902-b and 921 to read as follows:
    31    §  916-a. Pupils with allergies. 1. The board of education or trustees

    32  of each school district and board of  cooperative  educational  services
    33  shall  allow pupils who have been diagnosed by a physician or other duly
    34  authorized health care provider with an  allergy  to  carry  and  use  a
    35  prescribed  epinephrine  auto  injector  for  the emergency treatment of
    36  allergic reactions during the school day on school property and  at  any
    37  school function as such terms are defined, respectively, by subdivisions
    38  one  and two of section eleven of this chapter, with the written permis-
    39  sion of a physician or other duly authorized health provider, and  writ-
    40  ten  parental  consent. The written permission shall include an attesta-
    41  tion by the  physician  or  the  health  care  provider  confirming  the

    42  following: (a) the pupil's diagnosis of an allergy for which an epineph-
    43  rine  auto  injector  is needed; and (b) that the pupil has demonstrated
    44  that he or she  can  self-administer  the  prescribed  epinephrine  auto
    45  injector  effectively.    The  written permission shall also include the
    46  circumstances which may warrant the use of the epinephrine  auto  injec-
    47  tor.  A record of such consent and permission shall be maintained in the
    48  student's cumulative  health  record.  In  addition,  upon  the  written
    49  request  of a parent or person in parental relation, the board of educa-
    50  tion or trustees of a school district and board  of  cooperative  educa-
    51  tional services shall allow such pupils to maintain an extra epinephrine

    52  auto  injector  for the emergency treatment of allergies in the care and
    53  custody of licensed nurse, nurse practitioner, physician  assistant,  or
    54  physician  employed by such district or board of cooperative educational
    55  services, and shall be readily accessible to such  pupil.    Nothing  in
    56  this  section  shall  require  a school district or board of cooperative

        S. 7758                             3
 
     1  educational services to retain a  licensed  nurse,  nurse  practitioner,
     2  physician  assistant,  or  physician  solely  for  the purpose of taking
     3  custody of a spare epinephrine auto injector for the emergency treatment
     4  of  allergic  reactions, or require that a licensed nurse, nurse practi-

     5  tioner, physician assistant, or physician be available at all times in a
     6  school building for taking custody of the epinephrine auto injector.  In
     7  addition,  the epinephrine auto injector provided by the pupil's parents
     8  or persons in parental relation will be made available to the  pupil  as
     9  needed  in accordance with the school district's or board of cooperative
    10  educational services' policy and the orders prescribed  in  the  written
    11  permission of the physician or other authorized health care provider.
    12    2. A school district, board of cooperative educational services and/or
    13  their agents or employees shall incur no legal or financial liability as
    14  a  result  of  any  harm  or injury sustained by a pupil or other person

    15  caused by reasonable and good faith compliance with this section.
    16    § 916-b. Pupils with diabetes. 1. The board of education  or  trustees
    17  of  each  school  district and board of cooperative educational services
    18  shall allow pupils who have been diagnosed with diabetes to carry gluca-
    19  gon and carry and use insulin through  appropriate  medication  delivery
    20  devices  and  equipment  and/or  to carry and use equipment and supplies
    21  necessary to check blood glucose levels and ketone levels, as prescribed
    22  by a physician or other duly authorized healthcare provider, during  the
    23  school  day  on school property and at any school function as such terms
    24  are defined, respectively, by subdivisions one and two of section eleven

    25  of this chapter, with parental consent and the written permission  of  a
    26  physician  or  other  duly  authorized health care provider. The written
    27  permission shall include an attestation by the physician or  the  health
    28  care  provider  confirming  the  following: (a) the pupil's diagnosis of
    29  diabetes makes the delivery of insulin and glucagon through  appropriate
    30  medication  delivery devices during the school day on school property or
    31  at any school function necessary and/or makes the use of  equipment  and
    32  supplies  to check blood glucose levels and ketone levels necessary; and
    33  (b) that the pupil has demonstrated that he or she  can  self-administer
    34  the  prescribed insulin effectively and can self check glucose or ketone

    35  levels and can independently follow the treatment orders  prescribed  by
    36  the  physician  or  other authorized health care provider in the written
    37  permission. The  written  permission  shall  identify  prescribed  blood
    38  glucose  tests,  ketone  tests,  insulin  and glucagon to be used by the
    39  pupil at school and/or during school functions. If insulin  or  glucagon
    40  is prescribed, the written permission shall include the name of the type
    41  of  insulin, the dose or dose range, the times when the medication is to
    42  be taken, the type of insulin delivery system and any other  information
    43  prescribed  by  the  commissioner in regulation, after consultation with
    44  the commissioner of health. A record  of  such  consent  and  permission

    45  shall  be maintained in the student's cumulative health record. In addi-
    46  tion, upon the written  request  of  a  parent  or  person  in  parental
    47  relation,  the  board  of education or trustees of a school district and
    48  board of cooperative educational services shall  allow  such  pupils  to
    49  maintain  extra  insulin and an insulin delivery system, glucagon, blood
    50  glucose meters and related supplies used to treat such pupil's  diabetes
    51  in  the care and custody of a licensed nurse, nurse practitioner, physi-
    52  cian assistant, or physician employed by such district or board of coop-
    53  erative educational services, and shall be readily  accessible  to  such
    54  pupil.  Nothing in this section shall require a school district or board

    55  of  cooperative  educational  services to retain a licensed nurse, nurse
    56  practitioner, physician assistant, or physician solely for  the  purpose

        S. 7758                             4
 
     1  of  taking  custody  of  extra  insulin  and an insulin delivery system,
     2  glucagon, blood glucose meters and related supplies used to  treat  such
     3  pupil's  diabetes, or require that a licensed nurse, nurse practitioner,
     4  physician  assistant, or physician be available at all times in a school
     5  building for the purpose of taking custody of extra insulin and an insu-
     6  lin  delivery  system,  glucagon,  blood  glucose  meters  and   related
     7  supplies.  In  addition,  the  medication  and  devices,  equipment  and

     8  supplies provided by the pupil's parents or persons in parental relation
     9  shall be made available to the pupil as needed in  accordance  with  the
    10  school  district's  or board of cooperative educational services' policy
    11  and the orders prescribed in the written permission of the physician  or
    12  other  authorized  health care provider.   Pupils with diabetes may also
    13  carry any food necessary to treat hypoglycemia pursuant  to  the  school
    14  district  policy,  provided,  however, such school district policy shall
    15  not unreasonably interfere with a pupil's ability to treat hypoglycemia.
    16    2. A school district, board of cooperative educational services and/or
    17  their agents or employees shall incur no legal or financial liability as

    18  a result of any harm or injury sustained by  a  pupil  or  other  person
    19  caused by reasonable and good faith compliance with this section.
    20    §  902-a.  Treatment  of  students  diagnosed  with diabetes by school
    21  personnel. 1. Licensed nurses, nurse  practitioners,  physician  assist-
    22  ants,  or  physicians  employed by school districts or boards of cooper-
    23  ative educational services are authorized to calculate prescribed  insu-
    24  lin  dosages,  administer  prescribed  insulin,  program  the prescribed
    25  insulin pump, refill the reservoir  in  the  insulin  pump,  change  the
    26  infusion site, inject prescribed glucagon, teach an unlicensed person to
    27  administer  glucagon  to  an  individual,  and  perform other authorized

    28  services pursuant to the scope of practice of  the  licensed  individual
    29  under  title  VIII  of this chapter, to pupils who have received written
    30  permission by a physician or other licensed health  care  provider,  and
    31  written  parental consent to carry and use insulin and glucagon pursuant
    32  to section nine hundred sixteen-b of this article, during the school day
    33  on school property and at any school function as such terms are defined,
    34  respectively, by subdivisions one and two  of  section  eleven  of  this
    35  chapter.  Nothing  in this section shall authorize unlicensed persons to
    36  perform these services except as otherwise  permitted  by  section  nine
    37  hundred twenty-one of this article.

    38    2. A school district, board of cooperative educational services and/or
    39  their agents or employees shall incur no legal or financial liability as
    40  a  result  of  any  harm  or injury sustained by a pupil or other person
    41  caused by reasonable and good faith compliance with this section.
    42    § 902-b. Treatment by licensed school personnel of students  diagnosed
    43  with  allergies.  1.  Licensed  nurses,  nurse  practitioners, physician
    44  assistants, or physicians employed by schools are authorized to adminis-
    45  ter prescribed epinephrine pursuant to the  scope  of  practice  of  the
    46  licensed  individual  under  title VIII of this chapter, to pupils diag-
    47  nosed by a physician or other duly authorized health care provider  with

    48  an  allergy who have the written permission of a physician or other duly
    49  authorized health care provider  for  the  administration  of  emergency
    50  epinephrine and written parental consent to carry and use an epinephrine
    51  auto  injector  pursuant to section nine hundred sixteen-a of this arti-
    52  cle, during the school day on school property and at any school function
    53  as such terms are defined, respectively, by subdivisions one and two  of
    54  section eleven of this chapter.
    55    2. A school district, board of cooperative educational services and/or
    56  their agents or employees shall incur no legal or financial liability as

        S. 7758                             5
 
     1  a  result  of  any  harm  or injury sustained by a pupil or other person

     2  caused by reasonable and good faith compliance with this section.
     3    §  921.  Training of unlicensed school personnel to administer certain
     4  medications. 1. The board  of  education  or  trustees  of  each  school
     5  district  and  board  of  cooperative educational services and nonpublic
     6  schools are authorized, but not obligated to  have  licensed  registered
     7  professional  nurses,  nurse  practitioners,  physician  assistants, and
     8  physicians train unlicensed school personnel to inject prescribed gluca-
     9  gon or epinephrine auto injectors  in  emergency  situations,  where  an
    10  appropriately  licensed  health professional is not available, to pupils
    11  who have the written permission of a physician or other duly  authorized

    12  health  care  provider  for the administration of injectable glucagon or
    13  emergency  epinephrine  auto  injector,  along  with  written   parental
    14  consent,  during  the  school  day  on school property and at any school
    15  function as such terms are defined, respectively,  by  subdivisions  one
    16  and  two of section eleven of this chapter. Training must be provided by
    17  a physician or other duly authorized licensed health  care  professional
    18  in  a  competent  manner  and  must  be  completed  in a form and manner
    19  prescribed by the commissioner in regulation.
    20    2. A school  district,  board  of  cooperative  educational  services,
    21  nonpublic  schools and/or their agents or employees shall incur no legal

    22  or financial liability as a result of any harm or injury sustained by  a
    23  pupil  or  other  person  caused by reasonable and good faith compliance
    24  with this section.
    25    § 3. This act shall take effect the first of July next succeeding  the
    26  date  on  which  it  shall have become a law.   Provided, that effective
    27  immediately, the addition, amendment and/or repeal of any rule or  regu-
    28  lation necessary for the timely implementation of this act on its effec-
    29  tive  date  are  authorized  and directed to be made and completed on or
    30  before such effective date.
Go to top