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S05469 Summary:

BILL NOS05469
 
SAME ASNo Same As
 
SPONSORCOMRIE
 
COSPNSRADDABBO, HELMING, PALUMBO
 
MLTSPNSR
 
Amd §921, add §§902-c & 916-c, Ed L
 
Allows for unlicensed personnel to administer certain seizure rescue medication in schools, on school grounds and at school events; provides that such medicine may be left with a school health official to be used as needed.
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S05469 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5469
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2025
                                       ___________
 
        Introduced  by Sens. COMRIE, ADDABBO, HELMING, PALUMBO -- 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 allowing for unli-
          censed personnel to administer seizure rescue medication

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section  921 of the education law, as
     2  amended by chapter 339 of the laws  of  2021,  is  amended  to  read  as
     3  follows:
     4    1.  The  board  of  education  or trustees of each school district and
     5  board of cooperative educational  services  and  nonpublic  schools  are
     6  authorized,  but  not obligated to have licensed registered professional
     7  nurses, nurse practitioners, physician assistants, and physicians  train
     8  unlicensed   school  personnel  to  administer  prescribed  glucagon  or
     9  epinephrine auto injectors, or administer diazepam  or  midazolam  nasal
    10  spray  in  emergency  situations, where an appropriately licensed health
    11  professional is not available, to pupils who have the written permission
    12  of a physician or other duly authorized health  care  provider  for  the
    13  administration of glucagon [or], emergency epinephrine auto injector, or
    14  diazepam  or midazolam nasal spray, along with written parental consent,
    15  during the school day on school property and at any school  function  as
    16  such  terms  are  defined,  respectively, by subdivisions one and two of
    17  section eleven of this chapter. Training must be provided by a physician
    18  or other duly authorized licensed health care professional in  a  compe-
    19  tent manner and must be completed in a form and manner prescribed by the
    20  commissioner in regulation.
    21    § 2. The education law is amended by adding two new sections 902-c and
    22  916-c to read as follows:
    23    §  902-c.  Treatment  of  students  diagnosed  with epilepsy by school
    24  personnel. 1.   Licensed nurses, nurse practitioners, physician  assist-
    25  ants,  or  physicians employed by  school districts or boards of cooper-
    26  ative educational services shall be authorized to administer  prescribed
    27  diazepam  or  midazolam  nasal  spray,  to teach an unlicensed person to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09680-01-5

        S. 5469                             2
 
     1  administer a diazepam or midazolam nasal spray to an individual, and  to
     2  perform  other  authorized services pursuant to the scope of practice of
     3  the licensed individual under title eight of this chapter, to pupils who
     4  have received written permission by a physician or other licensed health
     5  care  provider  and written parental consent to carry and use a diazepam
     6  or midazolam nasal spray pursuant to section nine hundred  sixteen-c  of
     7  this  article during the school day on school property and at any school
     8  function. Nothing in this section shall authorize unlicensed persons  to
     9  perform  these  services  except  as otherwise permitted by section nine
    10  hundred twenty-one of this article.
    11    2. A school district, board of cooperative educational services and/or
    12  their agents or employees shall incur no legal or financial liability as
    13  a result of any harm or injury sustained by  a  pupil  or  other  person
    14  caused by reasonable and good faith compliance with this section.
    15    §  916-c.  Pupils with epilepsy. 1. The board of education or trustees
    16  of each school district and board of  cooperative  educational  services
    17  shall  allow pupils who have been diagnosed by a physician or other duly
    18  authorized health care provider with  epilepsy  to    carry  and  use  a
    19  prescribed  nasal  spray  for the emergency treatment of seizures during
    20  the school day on school property and at any school  function  with  the
    21  written  permission  of a physician or other duly authorized health care
    22  provider, and written parental consent.  The  written  permission  shall
    23  include  an  attestation  by  such  physician  or  health  care provider
    24  confirming: (a) the pupil's diagnosis of epilepsy for which  a  diazepam
    25  or  midazolam  nasal  spray is needed; and (b) that the pupil has demon-
    26  strated that they can self-administer the prescribed diazepam or  midaz-
    27  olam nasal spray effectively. Such written permission shall also include
    28  the  circumstances  which may warrant the use of a diazepam or midazolam
    29  nasal spray. A record of such consent and permission shall be maintained
    30  in the student's cumulative health record. In addition, upon the written
    31  request of a parent or person in parental relation, the board of  educa-
    32  tion  or  trustees of a school district and  board of cooperative educa-
    33  tional services shall allow such pupils to maintain an extra diazepam or
    34  midazolam nasal spray for the emergency treatment  of  seizures  in  the
    35  care  and  custody  of  a  licensed nurse, nurse practitioner, physician
    36  assistant, or physician employed by such district or  board  of  cooper-
    37  ative  educational  services,  and  shall  be readily accessible to such
    38  pupil.  Nothing in this section shall require a school district or board
    39  of cooperative  educational services to retain a licensed  nurse,  nurse
    40  practitioner,  physician  assistant, or physician solely for the purpose
    41  of taking custody of a spare diazepam or midazolam nasal spray  for  the
    42  emergency treatment of seizures, or require that a licensed nurse, nurse
    43  practitioner,  physician  assistant,  or  physician  be available at all
    44  times in a school building for taking custody of the diazepam or  midaz-
    45  olam  nasal  spray.  In  addition, the diazepam or midazolam nasal spray
    46  provided by the pupil's parents or persons in parental relation will  be
    47  made  available  to  the  pupil  as needed in accordance with the school
    48  district's or board of cooperative educational services' policy and  the
    49  orders  prescribed  in  the written permission of the physician or other
    50  authorized health care provider.
    51    2. A school district, board of cooperative educational services and/or
    52  their agents or employees shall incur no legal or financial liability as
    53  a result of any harm or injury sustained by  a  pupil  or  other  person
    54  caused by reasonable and good faith compliance with this section.
    55    § 3. This act shall take effect immediately.
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