Senate Bill S6369

2011-2012 Legislative Session

Authorizes boards of education or trustees of school districts to allow certain pupils diagnosed with respiratory illnesses to carry a prescribed inhaler

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S6369 (ACTIVE) - Details

See Assembly Version of this Bill:
A935
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §916, add §921, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1501, A4269
2013-2014: S911, A1914

2011-S6369 (ACTIVE) - Summary

Authorizes boards of education or trustees of school districts to allow certain pupils diagnosed with asthma or other potentially life-threatening respiratory illnesses to carry and use a prescribed inhaler; provides for establishment of asthma action plans for such pupils.

2011-S6369 (ACTIVE) - Sponsor Memo

2011-S6369 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6369

                            I N  S E N A T E

                            February 1, 2012
                               ___________

Introduced  by  Sen. HUNTLEY -- 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 the  use  of  inhalers
  and nebulizers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 916 of the education law, as amended by chapter 524
of the laws of 2006, is amended to read as follows:
  S 916. Pupils afflicted with asthma OR OTHER POTENTIALLY  LIFE-THREAT-
ENING RESPIRATORY ILLNESSES.  The board of education or trustees of each
school  district  and  board  of  cooperative educational services shall
allow pupils who have been  diagnosed  by  a  physician  or  other  duly
authorized  health  care  provider  with a severe asthmatic condition OR
OTHER POTENTIALLY LIFE-THREATENING RESPIRATORY ILLNESSES  to  carry  and
use a prescribed inhaler during the school day, with the written permis-
sion  of  a physician or other duly authorized health care provider, and
parental consent, based on such physician's or provider's  determination
that  such pupil is subject to sudden asthmatic attacks severe enough to
debilitate such pupil. A record of such permission shall  be  maintained
in  the school office. In addition, upon the written request of a parent
or person in parental relation, the board of education or trustees of  a
school  district  and  board  of  cooperative educational services shall
allow such pupils to maintain an extra such  inhaler  in  the  care  and
custody  of a registered professional nurse employed by such district or
board of cooperative educational services.    Nothing  in  this  section
shall  require  a  school  district  or board of cooperative educational
services to retain a school nurse  solely  for  the  purpose  of  taking
custody  of a spare inhaler, or require that a school nurse be available
at all times in a school building for such purpose.
  S 2. The education law is amended by adding a new section 921 to  read
as follows:
  S  921.  ASTHMA  ACTION PLANS. EACH PUPIL AUTHORIZED TO USE ANY ASTHMA
MEDICATION SHALL HAVE AN ASTHMA ACTION PLAN PREPARED BY THE PHYSICIAN OR
OTHER DULY AUTHORIZED HEALTH CARE PROVIDER OF THE PUPIL,  WHICH  IDENTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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