S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
May 2, 2013
Introduced by Sen. BOYLE -- 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 authorizing the use of
nebulizers in schools; and to repeal certain provisions of such law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 919 of the education law is REPEALED.
S 2. The education law is amended by adding a new section 919 to read
S 919. ON-SITE NEBULIZERS. 1. THE BOARD OF EDUCATION OR TRUSTEES OF
THE SCHOOL DISTRICT RESPONSIBLE FOR PROVIDING HEALTH SERVICES IN A
SCHOOL, OR THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN THE CASE OF
PROGRAMS UNDER ITS JURISDICTION, MAY MAKE A NEBULIZER AVAILABLE ON-SITE
IN PUBLIC AND PRIVATE SCHOOL BUILDINGS AND ON ATHLETIC COURTS AND
2. IF NEBULIZERS ARE PROVIDED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THEY SHALL BE MADE AVAILABLE TO AND ADMINISTERED BY STUDENTS
WITH A PATIENT SPECIFIC ORDER, WHO REQUIRE INHALED MEDICATIONS ADMINIS-
TERED BY A NEBULIZER.
3. EVERY NEBULIZER PROVIDED PURSUANT TO THIS SECTION SHALL BE MAIN-
TAINED IN WORKING ORDER BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES THAT PROVIDES SCHOOL HEALTH SERVICES TO THE SCHOOL
BUILDING OR ATHLETIC COURTS OR FIELDS WHERE THE NEBULIZER IS LOCATED.
S 3. The commissioner of health is authorized to promulgate regu-
lations for the implementation of this act.
S 4. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.