Relates to administering asthma rescue medications and authorizing schools to possess and administer asthma rescue medications in emergency situations to pupils with a requirement that the parent or guardian of such pupils are notified in writing of such emergency situation.
STATE OF NEW YORK
________________________________________________________________________
9689--B
IN ASSEMBLY
February 2, 2018
___________
Introduced by M. of A. SEPULVEDA, PICHARDO, WILLIAMS, CASTORINA, DICK-
ENS, BLAKE, GOTTFRIED, COLTON, STECK, CROUCH, LAWRENCE, PALMESANO,
ERRIGO, D'URSO -- Multi-Sponsored by -- M. of A. SIMON -- read once
and referred to the Committee on Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to administering asthma
rescue medications and authorizing schools to possess and administer
asthma rescue medications in emergency situations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 6527 of the education law is
2 amended by adding a new paragraph (h) to read as follows:
3 (h) administering asthma rescue medications.
4 § 2. Subdivision 4 of section 6909 of the education law is amended by
5 adding a new paragraph (h) to read as follows:
6 (h) administering asthma rescue medications.
7 § 3. Section 916 of the education law, as amended by chapter 423 of
8 the laws of 2014, is amended to read as follows:
9 § 916. Pupils with asthma or another respiratory disease requiring
10 rescue inhaler treatment. 1. The board of education or trustees of each
11 school district, including the board of education of the city of New
12 York, and board of cooperative educational services shall allow pupils
13 who have been diagnosed by a physician or other duly authorized health
14 care provider with an asthmatic condition or another respiratory disease
15 to carry and use a prescribed inhaler and self-administer inhaled rescue
16 medications to alleviate respiratory symptoms or to prevent the onset of
17 exercise induced asthmatic symptoms during the school day on school
18 property and at any school function as such terms are defined, respec-
19 tively, by subdivisions one and two of section eleven of this chapter,
20 with the written permission of a physician or other duly authorized
21 health care provider, and written parental consent. The written permis-
22 sion shall include an attestation by the physician or the health care
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14183-04-8
A. 9689--B 2
1 provider confirming the following: (a) the pupil is diagnosed with asth-
2 ma or another respiratory disease for which inhaled rescue medications
3 are prescribed to alleviate respiratory symptoms or to prevent the onset
4 of exercise induced asthmatic symptoms; and (b) that the pupil has
5 demonstrated that he or she can self-administer the prescribed inhaled
6 rescue medication effectively. The written permission shall also
7 include the name of the prescribed inhaled rescue medication, the dose,
8 the times when the medication is to be taken, the circumstances which
9 may warrant the use of the medication and the length of time for which
10 the inhaler is prescribed. A record of such consent and permission shall
11 be maintained in the student's cumulative health record. In addition,
12 upon the written request of a parent or person in parental relation, the
13 board of education or trustees of a school district, including the board
14 of education of the city of New York, and board of cooperative educa-
15 tional services shall allow such pupils to maintain an extra such inhal-
16 er in the care and custody of a licensed nurse, nurse practitioner,
17 physician assistant, or physician employed by such district, the city of
18 New York, or board of cooperative educational services, and shall be
19 readily accessible to such pupil. Nothing in this section shall require
20 a school district, the city of New York, or board of cooperative educa-
21 tional services to retain a licensed nurse, nurse practitioner, physi-
22 cian assistant, or physician solely for the purpose of taking custody of
23 a spare inhaler for the treatment of asthma or a respiratory disease
24 requiring rescue medication treatment, or require that a licensed nurse,
25 nurse practitioner, physician assistant, or physician be available at
26 all times in a school building for the purpose of taking custody of the
27 inhaler. In addition, the medication provided by the pupil's parents or
28 persons in parental relation shall be made available to the pupil as
29 needed in accordance with the school district's, board of education of
30 the city of New York's, or board of cooperative educational services'
31 policy and the orders prescribed in the written permission of the physi-
32 cian or other authorized health care provider.
33 2. (a) School districts, boards of cooperative educational services,
34 county vocational education and extension boards, charter schools, and
35 non-public elementary and secondary schools in this state may provide
36 and maintain on-site in each instructional school facility asthma rescue
37 medications in quantities and types deemed by the commissioner, in
38 consultation with the commissioner of health, and for the city of New
39 York, the commissioner of health of the city of New York, to be adequate
40 to ensure ready and appropriate access for use during emergencies.
41 (b) Every parent or guardian of a pupil who is administered such asth-
42 ma rescue medications shall be notified in writing of such incident. The
43 required content of such notification shall be determined by the commis-
44 sioner, in consultation with the commissioner of health, and for the
45 city of New York, the commissioner of health of the city of New York,
46 and shall at a minimum include:
47 (i) A recommendation that such pupil be evaluated by a physician or
48 other duly authorized health care provider to determine if such pupil
49 has an asthmatic condition or another respiratory disease; and
50 (ii) A recommendation that if such pupil is diagnosed with such condi-
51 tion or disease that the parent or guardian take the actions necessary
52 to ensure the pupil may receive asthma controller medications and asthma
53 rescue medications in school. If the pupil is able to self-carry, the
54 parent or guardian take the actions necessary under subdivision one of
55 this section for such pupil to carry and use a prescribed inhaler and
56 self-administer inhaled rescue medications to alleviate respiratory
A. 9689--B 3
1 symptoms or to prevent the onset of exercise induced asthmatic symptoms
2 during the school day on school property and at any school function as
3 such terms are defined, respectively, by subdivisions one and two of
4 section eleven of this chapter.
5 3. A school district, including the board of education of the city of
6 New York, board of cooperative educational services and/or their agents
7 or employees shall incur no legal or financial liability as a result of
8 any harm or injury sustained by a pupil or other person caused by
9 reasonable and good faith compliance with this section.
10 § 4. This act shall take effect on the first of July next succeeding
11 the date on which it shall have become a law. Effective immediately, the
12 addition, amendment and/or repeal of any rule or regulation necessary
13 for the implementation of this act on its effective date are authorized
14 and directed to be made and completed on or before such effective date.
