A09334 Summary:
BILL NO | A09334B |
  | |
SAME AS | SAME AS S07758 |
  | |
SPONSOR | Nolan (MS) |
  | |
COSPNSR | Ortiz, Benedetto, Rosenthal, Abinanti, Jacobs, Bronson, Clark, Colton, Hooper, Jaffee, Magnarelli, Markey, Mayer, Miller, Millman, Morelle, Mosley, Moya, O'Donnell, Otis, Peoples-Stokes, Simanowitz, Weisenberg, Zebrowski, Weprin |
  | |
MLTSPNSR | Abbate, Arroyo, Brennan, Farrell, Glick, Schimel, Wright |
  | |
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. |
A09334 Actions:
BILL NO | A09334B | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/11/2014 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2014 | amend and recommit to education | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2014 | print number 9334a | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2014 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2014 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2014 | print number 9334b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2014 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2014 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2014 | rules report cal.298 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2014 | ordered to third reading rules cal.298 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | SUBSTITUTED FOR S7758 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | 3RD READING CAL.1547 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2014 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/29/2014 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/30/2014 | signed chap.423 |
A09334 Floor Votes:
Yes
Abbate
Yes
Curran
No
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
No
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
Yes
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
No
McDonough
Yes
Ramos
Yes
Tedisco
Yes
Barclay
Yes
DenDekker
Yes
Hikind
Yes
McKevitt
Yes
Rivera
ER
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
Yes
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
No
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
Millman
Yes
Rodriguez
Yes
Titus
No
Borelli
Yes
Englebright
Yes
Johns
No
Montesano
Yes
Rosa
Yes
Walter
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
Yes
Finch
No
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
Yes
Fitzpatrick
AB
Kellner
No
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
No
Friend
Yes
Kim
Yes
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
Yes
Kolb
Yes
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
Yes
Butler
Yes
Gantt
No
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
No
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
ER
Camara
Yes
Giglio
Yes
Lentol
Yes
Otis
Yes
Schimminger
Yes
Ceretto
Yes
Gjonaj
Yes
Lifton
Yes
Palmesano
Yes
Sepulveda
Yes
Clark
Yes
Glick
No
Lopez
No
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
Yes
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Corwin
Yes
Gottfried
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
No
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
‡ Indicates voting via videoconference
A09334 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9334--B IN ASSEMBLY April 11, 2014 ___________ Introduced by M. of A. NOLAN, ORTIZ, BENEDETTO, ROSENTHAL, ABINANTI, JACOBS, BRONSON, CLARK, COLTON, HOOPER, JAFFEE, MAGNARELLI, MARKEY, MAYER, MILLER, MILLMAN, MORELLE, MOSLEY, MOYA, O'DONNELL, OTIS, PEOPLES-STOKES, SIMANOWITZ, WEISENBERG, ZEBROWSKI -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BRENNAN, GLICK, SCHIMEL, WRIGHT -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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's16determination that such pupil is subject to sudden asthmatic attacks17severe 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13990-07-4A. 9334--B 2 1 prescribed to alleviate respiratory symptoms or to prevent the onset of 2 exercise induced asthmatic symptoms; and (b) that the pupil has demon- 3 strated that he or she can self-administer the prescribed inhaled rescue 4 medication effectively. The written permission shall also include the 5 name of the prescribed inhaled rescue medication, the dose, the times 6 when the medication is to be taken, the circumstances which may warrant 7 the use of the medication and the length of time for which the inhaler 8 is prescribed. A record of such consent and permission shall be main- 9 tained in the [school office] student's cumulative health record. In 10 addition, upon the written request of a parent or person in parental 11 relation, the board of education or trustees of a school district and 12 board of cooperative educational services shall allow such pupils to 13 maintain an extra such inhaler in the care and custody of a [registered14professional] licensed nurse, nurse practitioner, physician assistant, 15 or physician employed by such district or board of cooperative educa- 16 tional services, and shall be readily accessible to such pupil. Nothing 17 in this section shall require a school district or board of cooperative 18 educational services to retain a [school nurse solely for the purpose of19taking custody of a spare inhaler, or require that a school nurse be20available at all times in a school building for such purpose] licensed 21 nurse, nurse practitioner, physician assistant, or physician solely for 22 the purpose of taking custody of a spare inhaler for the treatment of 23 asthma or a respiratory disease requiring rescue medication treatment, 24 or require that a licensed nurse, nurse practitioner, physician assist- 25 ant, or physician be available at all times in a school building for the 26 purpose of taking custody of the inhaler. In addition, the medication 27 provided by the pupil's parents or persons in parental relation shall be 28 made available to the pupil as needed in accordance with the school 29 district's or board of cooperative educational services' policy and the 30 orders prescribed in the written permission of the physician or other 31 authorized health care provider. 32 2. A school district, board of cooperative educational services and/or 33 their agents or employees shall incur no legal or financial liability as 34 a result of any harm or injury sustained by a pupil or other person 35 caused by reasonable and good faith compliance with this section. 36 § 2. The education law is amended by adding five new sections 916-a, 37 916-b, 902-a, 902-b and 921 to read as follows: 38 § 916-a. Pupils with allergies. 1. The board of education or trustees 39 of each school district and board of cooperative educational services 40 shall allow pupils who have been diagnosed by a physician or other duly 41 authorized health care provider with an allergy to carry and use a 42 prescribed epinephrine auto injector for the emergency treatment of 43 allergic reactions during the school day on school property and at any 44 school function as such terms are defined, respectively, by subdivisions 45 one and two of section eleven of this chapter, with the written permis- 46 sion of a physician or other duly authorized health provider, and writ- 47 ten parental consent. The written permission shall include an attesta- 48 tion by the physician or the health care provider confirming the 49 following: (a) the pupil's diagnosis of an allergy for which an epineph- 50 rine auto injector is needed; and (b) that the pupil has demonstrated 51 that he or she can self-administer the prescribed epinephrine auto 52 injector effectively. The written permission shall also include the 53 circumstances which may warrant the use of the epinephrine auto injec- 54 tor. A record of such consent and permission shall be maintained in the 55 student's cumulative health record. In addition, upon the written 56 request of a parent or person in parental relation, the board of educa-A. 9334--B 3 1 tion or trustees of a school district and board of cooperative educa- 2 tional services shall allow such pupils to maintain an extra epinephrine 3 auto injector for the emergency treatment of allergies in the care and 4 custody of licensed nurse, nurse practitioner, physician assistant, or 5 physician employed by such district or board of cooperative educational 6 services, and shall be readily accessible to such pupil. Nothing in 7 this section shall require a school district or board of cooperative 8 educational services to retain a licensed nurse, nurse practitioner, 9 physician assistant, or physician solely for the purpose of taking 10 custody of a spare epinephrine auto injector for the emergency treatment 11 of allergic reactions, or require that a licensed nurse, nurse practi- 12 tioner, physician assistant, or physician be available at all times in a 13 school building for taking custody of the epinephrine auto injector. In 14 addition, the epinephrine auto injector provided by the pupil's parents 15 or persons in parental relation will be made available to the pupil as 16 needed in accordance with the school district's or board of cooperative 17 educational services' policy and the orders prescribed in the written 18 permission of the physician or other authorized health care provider. 19 2. A school district, board of cooperative educational services and/or 20 their agents or employees shall incur no legal or financial liability as 21 a result of any harm or injury sustained by a pupil or other person 22 caused by reasonable and good faith compliance with this section. 23 § 916-b. Pupils with diabetes. 1. The board of education or trustees 24 of each school district and board of cooperative educational services 25 shall allow pupils who have been diagnosed with diabetes to carry gluca- 26 gon and carry and use insulin through appropriate medication delivery 27 devices and equipment and/or to carry and use equipment and supplies 28 necessary to check blood glucose levels and ketone levels, as prescribed 29 by a physician or other duly authorized healthcare provider, during the 30 school day on school property and at any school function as such terms 31 are defined, respectively, by subdivisions one and two of section eleven 32 of this chapter, with parental consent and the written permission of a 33 physician or other duly authorized health care provider. The written 34 permission shall include an attestation by the physician or the health 35 care provider confirming the following: (a) the pupil's diagnosis of 36 diabetes makes the delivery of insulin and glucagon through appropriate 37 medication delivery devices during the school day on school property or 38 at any school function necessary and/or makes the use of equipment and 39 supplies to check blood glucose levels and ketone levels necessary; and 40 (b) that the pupil has demonstrated that he or she can self-administer 41 the prescribed insulin effectively and can self check glucose or ketone 42 levels and can independently follow the treatment orders prescribed by 43 the physician or other authorized health care provider in the written 44 permission. The written permission shall identify prescribed blood 45 glucose tests, ketone tests, insulin and glucagon to be used by the 46 pupil at school and/or during school functions. If insulin or glucagon 47 is prescribed, the written permission shall include the name of the type 48 of insulin, the dose or dose range, the times when the medication is to 49 be taken, the type of insulin delivery system and any other information 50 prescribed by the commissioner in regulation, after consultation with 51 the commissioner of health. A record of such consent and permission 52 shall be maintained in the student's cumulative health record. In addi- 53 tion, upon the written request of a parent or person in parental 54 relation, the board of education or trustees of a school district and 55 board of cooperative educational services shall allow such pupils to 56 maintain extra insulin and an insulin delivery system, glucagon, bloodA. 9334--B 4 1 glucose meters and related supplies used to treat such pupil's diabetes 2 in the care and custody of a licensed nurse, nurse practitioner, physi- 3 cian assistant, or physician employed by such district or board of coop- 4 erative educational services, and shall be readily accessible to such 5 pupil. Nothing in this section shall require a school district or board 6 of cooperative educational services to retain a licensed nurse, nurse 7 practitioner, physician assistant, or physician solely for the purpose 8 of taking custody of extra insulin and an insulin delivery system, 9 glucagon, blood glucose meters and related supplies used to treat such 10 pupil's diabetes, or require that a licensed nurse, nurse practitioner, 11 physician assistant, or physician be available at all times in a school 12 building for the purpose of taking custody of extra insulin and an insu- 13 lin delivery system, glucagon, blood glucose meters and related 14 supplies. In addition, the medication and devices, equipment and 15 supplies provided by the pupil's parents or persons in parental relation 16 shall be made available to the pupil as needed in accordance with the 17 school district's or board of cooperative educational services' policy 18 and the orders prescribed in the written permission of the physician or 19 other authorized health care provider. Pupils with diabetes may also 20 carry any food necessary to treat hypoglycemia pursuant to the school 21 district policy, provided, however, such school district policy shall 22 not unreasonably interfere with a pupil's ability to treat hypoglycemia. 23 2. A school district, board of cooperative educational services and/or 24 their agents or employees shall incur no legal or financial liability as 25 a result of any harm or injury sustained by a pupil or other person 26 caused by reasonable and good faith compliance with this section. 27 § 902-a. Treatment of students diagnosed with diabetes by school 28 personnel. 1. Licensed nurses, nurse practitioners, physician assist- 29 ants, or physicians employed by school districts or boards of cooper- 30 ative educational services are authorized to calculate prescribed insu- 31 lin dosages, administer prescribed insulin, program the prescribed 32 insulin pump, refill the reservoir in the insulin pump, change the 33 infusion site, inject prescribed glucagon, teach an unlicensed person to 34 administer glucagon to an individual, and perform other authorized 35 services pursuant to the scope of practice of the licensed individual 36 under title VIII of this chapter, to pupils who have received written 37 permission by a physician or other licensed health care provider, and 38 written parental consent to carry and use insulin and glucagon pursuant 39 to section nine hundred sixteen-b of this article, during the school day 40 on school property and at any school function as such terms are defined, 41 respectively, by subdivisions one and two of section eleven of this 42 chapter. Nothing in this section shall authorize unlicensed persons to 43 perform these services except as otherwise permitted by section nine 44 hundred twenty-one of this article. 45 2. A school district, board of cooperative educational services and/or 46 their agents or employees shall incur no legal or financial liability as 47 a result of any harm or injury sustained by a pupil or other person 48 caused by reasonable and good faith compliance with this section. 49 § 902-b. Treatment by licensed school personnel of students diagnosed 50 with allergies. 1. Licensed nurses, nurse practitioners, physician 51 assistants, or physicians employed by schools are authorized to adminis- 52 ter prescribed epinephrine pursuant to the scope of practice of the 53 licensed individual under title VIII of this chapter, to pupils diag- 54 nosed by a physician or other duly authorized health care provider with 55 an allergy who have the written permission of a physician or other duly 56 authorized health care provider for the administration of emergencyA. 9334--B 5 1 epinephrine and written parental consent to carry and use an epinephrine 2 auto injector pursuant to section nine hundred sixteen-a of this arti- 3 cle, during the school day on school property and at any school function 4 as such terms are defined, respectively, by subdivisions one and two of 5 section eleven of this chapter. 6 2. A school district, board of cooperative educational services and/or 7 their agents or employees shall incur no legal or financial liability as 8 a result of any harm or injury sustained by a pupil or other person 9 caused by reasonable and good faith compliance with this section. 10 § 921. Training of unlicensed school personnel to administer certain 11 medications. 1. The board of education or trustees of each school 12 district and board of cooperative educational services and nonpublic 13 schools are authorized, but not obligated to have licensed registered 14 professional nurses, nurse practitioners, physician assistants, and 15 physicians train unlicensed school personnel to inject prescribed gluca- 16 gon or epinephrine auto injectors in emergency situations, where an 17 appropriately licensed health professional is not available, to pupils 18 who have the written permission of a physician or other duly authorized 19 health care provider for the administration of injectable glucagon or 20 emergency epinephrine auto injector, along with written parental 21 consent, during the school day on school property and at any school 22 function as such terms are defined, respectively, by subdivisions one 23 and two of section eleven of this chapter. Training must be provided by 24 a physician or other duly authorized licensed health care professional 25 in a competent manner and must be completed in a form and manner 26 prescribed by the commissioner in regulation. 27 2. A school district, board of cooperative educational services, 28 nonpublic schools and/or their agents or employees shall incur no legal 29 or financial liability as a result of any harm or injury sustained by a 30 pupil or other person caused by reasonable and good faith compliance 31 with this section. 32 § 3. This act shall take effect the first of July next succeeding the 33 date on which it shall have become a law. Provided, that effective 34 immediately, the addition, amendment and/or repeal of any rule or regu- 35 lation necessary for the timely implementation of this act on its effec- 36 tive date are authorized and directed to be made and completed on or 37 before such effective date.