senate Bill S4988B

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

See Assembly Version of this Bill:
A8337C
Versions:
S4988
S4988A
S4988B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §919, Ed L; amd §2, Chap 672 of 2007

Sponsor Memo

BILL NUMBER:S4988B

TITLE OF BILL: An act to amend the education law, in relation to
authorizing the use of nebulizers in schools; and to amend chapter 672
of the laws of 2007, amending the education law relating to the
maintenance of on-site nebulizers, in relation to the effectiveness of
certain provisions thereof

PURPOSE OR GENERAL IDEA OF BILL: This bill would allow nebulizers to
be made available on school property and at any school function for
use by certain licensed health professionals and by students with a
prescription and parental consent.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 clarifies who can administer a nebulizer and authorizes
students to use nebulizers. Provides that schools may acquire
nebulizers for the school building in addition to anywhere on school
property and for use at a school function. Certain licensed health
professionals would be authorized to administer a nebulizer to a
student with a patient specific order and students may use the
nebulizer with a prescription and parental consent. This section also
provides some liability protections.

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.

PRIOR LEGISLATIVE HISTORY: New Bill

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--B
    Cal. No. 398

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 2, 2013
                               ___________

Introduced by Sens. BOYLE, AVELLA -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Education -- recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second report,  ordered  to  a  third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN ACT to amend the education law, in relation to authorizing the use of
  nebulizers  in  schools; and to amend chapter 672 of the laws of 2007,
  amending the education law relating  to  the  maintenance  of  on-site
  nebulizers,  in  relation  to  the effectiveness of certain provisions
  thereof

  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, as amended by chapter 42
of the laws of 2008, is amended 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,  shall  make  a  nebulizer available
on-site in every public and private school building  in  which  full  or
part  time nurse services are provided. Nebulizers in such school build-
ings shall be made available to allow reasonable access  to  all  public
and  private  school students with a patient specific order, who require
inhaled medications administered by a nebulizer, provided, however, that
nebulizers shall be administered by a school nurse  [or],  physician  OR
OTHER  LICENSED  PROFESSIONAL  AUTHORIZED TO PERFORM SUCH SERVICES UNDER
TITLE EIGHT OF THIS CHAPTER pursuant to the student's  patient  specific
order.  Every  nebulizer  shall  be  maintained  in working order by the
school district  or  board  of  cooperative  educational  services  that

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09038-14-4

S. 4988--B                          2

provides  school  health services to the school building where the nebu-
lizer is located.   NEBULIZERS AT SUCH  LOCATIONS  SHALL  ALSO  BE  MADE
AVAILABLE  TO PUBLIC AND PRIVATE SCHOOL STUDENTS WHO HAVE BEEN DIAGNOSED
BY  A  PHYSICIAN  OR  OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH AN
ASTHMATIC CONDITION OR ANOTHER RESPIRATORY  DISEASE  TO  SELF-ADMINISTER
INHALED  MEDICATIONS  THROUGH  SUCH  NEBULIZER  TO ALLEVIATE RESPIRATORY
SYMPTOMS OR TO PREVENT THE ONSET OF EXERCISE INDUCED ASTHMATIC  SYMPTOMS
DURING  THE  SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS
SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS  ONE  AND  TWO  OF
SECTION  ELEVEN OF THIS CHAPTER, WITH THE WRITTEN PERMISSION OF A PHYSI-
CIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER, AND WRITTEN PARENTAL
CONSENT. THE WRITTEN PERMISSION SHALL  INCLUDE  AN  ATTESTATION  BY  THE
PHYSICIAN  OR THE HEALTH CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE
PUPIL IS DIAGNOSED WITH ASTHMA OR ANOTHER RESPIRATORY DISEASE FOR  WHICH
INHALED  MEDICATIONS ARE PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR
TO PREVENT THE ONSET OF EXERCISE INDUCED  ASTHMATIC  SYMPTOMS;  AND  (B)
THAT  THE  PUPIL HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER THE
PRESCRIBED INHALED MEDICATION THROUGH A NEBULIZER EFFECTIVELY. THE WRIT-
TEN PERMISSION SHALL ALSO INCLUDE THE NAME  OF  THE  PRESCRIBED  INHALED
MEDICATION,  THE DOSE, THE TIMES WHEN THE MEDICATION IS TO BE TAKEN, THE
CIRCUMSTANCES WHICH MAY WARRANT THE USE OF THE MEDICATION AND THE LENGTH
OF TIME FOR WHICH THE NEBULIZER IS PRESCRIBED. IN ADDITION, ANY  MEDICA-
TION PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION FOR
USE  IN  A  NEBULIZER  SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN
ACCORDANCE WITH THE SCHOOL DISTRICT'S OR  BOARD  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMIS-
SION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
  2. THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT RESPONSIBLE
FOR  PROVIDING  HEALTH  SERVICES  IN  A SCHOOL, THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES IN THE CASE OF PROGRAMS UNDER ITS JURISDICTION,  OR
A  NON-PUBLIC  SCHOOL  MAY MAKE A NEBULIZER AVAILABLE ON SCHOOL PROPERTY
AND AT ANY SCHOOL FUNCTION AS SUCH TERMS MAY BE  DEFINED,  RESPECTIVELY,
BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER. ANY NEBU-
LIZER  MADE  AVAILABLE  UNDER  THIS SUBDIVISION MAY BE MADE AVAILABLE TO
PUBLIC AND PRIVATE SCHOOL STUDENTS WITH A PATIENT  SPECIFIC  ORDER,  WHO
REQUIRE  INHALED  MEDICATIONS  ADMINISTERED  BY  A  NEBULIZER, PROVIDED,
HOWEVER, THAT NEBULIZERS SHALL BE ADMINISTERED BY A SCHOOL NURSE, PHYSI-
CIAN OR OTHER LICENSED PROFESSIONAL AUTHORIZED TO PROVIDE SUCH  SERVICES
UNDER  TITLE  EIGHT  OF  THIS  CHAPTER PURSUANT TO THE STUDENT'S PATIENT
SPECIFIC ORDER.  EVERY NEBULIZER MADE AVAILABLE UNDER  THIS  SUBDIVISION
SHALL  BE MAINTAINED IN WORKING ORDER BY THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES THAT PROVIDES SCHOOL  HEALTH  SERVICES;
PROVIDED,  HOWEVER,  THAT  NON-PUBLIC  SCHOOLS SHALL MAINTAIN IN WORKING
ORDER EVERY NEBULIZER PROVIDED  BY  A  NON-PUBLIC  SCHOOL.    NEBULIZERS
PROVIDED  BY  THE  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE EDUCATIONAL
SERVICES OR NON-PUBLIC SCHOOL SHALL ALSO BE MADE AVAILABLE TO PUBLIC AND
PRIVATE SCHOOL STUDENTS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR  OTHER
DULY  AUTHORIZED  HEALTH  CARE  PROVIDER  WITH AN ASTHMATIC CONDITION OR
ANOTHER  RESPIRATORY  DISEASE  TO  SELF-ADMINISTER  INHALED  MEDICATIONS
THROUGH  SUCH  NEBULIZER TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT
THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS DURING THE  SCHOOL  DAY
ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED,
RESPECTIVELY,  BY  SUBDIVISIONS  ONE  AND  TWO OF SECTION ELEVEN OF THIS
CHAPTER, WITH THE WRITTEN  PERMISSION  OF  A  PHYSICIAN  OR  OTHER  DULY
AUTHORIZED HEALTH CARE PROVIDER, AND WRITTEN PARENTAL CONSENT. THE WRIT-
TEN  PERMISSION  SHALL  INCLUDE  AN  ATTESTATION BY THE PHYSICIAN OR THE

S. 4988--B                          3

HEALTH CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE  PUPIL  IS  DIAG-
NOSED WITH ASTHMA OR ANOTHER RESPIRATORY DISEASE FOR WHICH INHALED MEDI-
CATIONS  ARE  PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT
THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B) THAT THE PUPIL
HAS  DEMONSTRATED  THAT  HE  OR  SHE  CAN SELF-ADMINISTER THE PRESCRIBED
INHALED MEDICATION THROUGH A NEBULIZER EFFECTIVELY. THE WRITTEN  PERMIS-
SION  SHALL  ALSO INCLUDE THE NAME OF THE PRESCRIBED INHALED MEDICATION,
THE DOSE, THE TIMES WHEN THE MEDICATION IS  TO  BE  TAKEN,  THE  CIRCUM-
STANCES  WHICH  MAY  WARRANT THE USE OF THE MEDICATION AND THE LENGTH OF
TIME FOR WHICH THE NEBULIZER IS PRESCRIBED. IN ADDITION, ANY  MEDICATION
PROVIDED  BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION FOR USE
IN A NEBULIZER SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORD-
ANCE WITH THE SCHOOL DISTRICT'S  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES'  POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF
THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
  3. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  NON-
PUBLIC  SCHOOL  AND/OR THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR
FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR  INJURY  SUSTAINED  BY  A
PUPIL  OR  OTHER  PERSON  CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE
WITH THIS SECTION.
  4. The commissioner shall be authorized to promulgate regulations  for
the implementation of this section.
  S  2. Section 2 of chapter 672 of the laws of 2007 amending the educa-
tion law relating to the maintenance of on-site nebulizers,  is  amended
to read as follows:
  S  2. This act shall take effect September 1, 2007; provided, however,
that if upon such effective date,  an  appropriation  to  the  education
department  shall  not  have  been made for FULL reimbursement of school
districts  and  boards  of  cooperative  educational  services  for  the
purposes  of implementing the provisions of SUBDIVISION 1 OF section 919
of the education law, as added by section one of this  act,  then  [this
act] SUBDIVISION 1 OF SECTION 919 OF THE EDUCATION LAW shall take effect
on  the  forty-fifth  day  after  such  an  appropriation  is  made, and
provided, further, that the division of  the  budget  shall  notify  the
legislative  bill  drafting commission on September 1, 2007 whether such
an appropriation has been made, and if such appropriation shall not have
been made on or before such date, the division of the budget shall noti-
fy the legislative bill drafting commission upon the date such an appro-
priation shall have been made, in order that the commission may maintain
an accurate and timely effective data base of the official text  of  the
laws  of  the  state  of  New  York  in  furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.
  S  3.  This  act shall take effect immediately; provided however, that
the amendments to subdivision 1 of section 919 of the education law made
by section one of this act shall take effect on the same date and in the
same manner as such subdivision takes effect pursuant to chapter 672  of
the laws of 2007, as amended.

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