A09334 Summary:

BILL NOA09334B
 
SAME ASSAME AS S07758
 
SPONSORNolan (MS)
 
COSPNSROrtiz, 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
 
MLTSPNSRAbbate, 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.
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A09334 Actions:

BILL NOA09334B
 
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
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A09334 Text:



 
                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'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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13990-07-4

        A. 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  [registered
    14  professional]  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 of
    19  taking custody of a spare inhaler, or require that  a  school  nurse  be
    20  available  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, blood

        A. 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  emergency

        A. 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.
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