senate Bill S4988

Amended

Permits nebulizers in schools and athletic fields; every nebulizer permitted must be maintained in working order by the school district, BOCES or non-public school

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 29 / Apr / 2014
    • 1ST REPORT CAL.398
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING (T) 4988A
  • 16 / Jun / 2014
    • AMENDED ON THIRD READING 4988B
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Permits nebulizers in schools and on athletic courts and fields to be administered by students with patient specific orders; requires every nebulizer permitted must be maintained in working order by the school district, BOCES or non-public school.

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Bill Details

Versions:
S4988
S4988A
S4988B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Rpld & add ยง919, Ed L

Sponsor Memo

BILL NUMBER:S4988

TITLE OF BILL: 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 relating thereto

PURPOSE:

This bill would allow nebulizers to be made available to students with
a patient specific order, who require inhaled medications administered
by a nebulizer.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals Section 919 of the education law.

Section 2 amends the education law by adding a new section 919
regarding on-site nebulizers and the maintenance thereof.
Additionally, this section stipulates that nebulizers may be made
available on-site in both public and private school buildings, as well
as athletic courts and fields. Said nebulizers shall be made available
to and administered by students with a patient specific order, who
require inhaled medications administered by a nebulizer. Nebulizers
shall remain 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 provided.

Section 3 authorizes the commissioner of health to promulgate
regulations for the implementation of this act.

Section 4 is the effective date.

JUSTIFICATION:

Asthma is a lung disease that makes breathing difficult for millions
of Americans, both young and old. Approximately 17 million Americans
have asthma, which is a disorder caused by inflammation in the airways
that lead to the lungs. This inflammation causes airways to tighten
and narrow, which blocks air from flowing freely into the lungs,
making it hard to breathe. There is no cure for asthma, but it can be
managed and treated with medication like inhalers and nebulizers, for
more serious forms of asthma.

In 2003, a college football player who only had access to an albuterol
inhaler, died when he suffered an asthma attack on the field. The
potential for death from an asthma attack exists on the athletic
field, both during and after an athletic competition. It is vital that
our student athletes and school staff have access to the best
treatment during a medical emergency.

LEGISLATIVE HISTORY:

2011-12: S.6504/A.8808 - Died in Finance

FISCAL IMPLICATIONS:


To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4988

                       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
  relating thereto

  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
as follows:
  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
FIELDS.
  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.
                                                           LBD09038-03-3

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