NY State Senate Bill 2021-S1016B

Archive: Last Bill Status Via A2388 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 25, 2021	signed chap.500
Oct 13, 2021	delivered to governor
Jun 03, 2021	returned to assembly passed senate 3rd reading cal.1033 substituted for s1016b
Jun 03, 2021	substituted by a2388b
May 20, 2021	amended on third reading 1016b
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.1033
May 04, 2021	print number 1016a
May 04, 2021	amend (t) and recommit to health
Jan 06, 2021	referred to health

Votes

- Jun 3, 2021 - Floor Vote
  A2388
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 11, 2021 - Health Committee Vote
  S1016B
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 11, 2021
      
      aye (15)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Oberacker
      
      Rath III
      
      Rivera
      
      Ryan
      
      Salazar
      
      Stec
      
      Thomas

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S1016 - Details

See Assembly Version of this Bill:: A2388
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; add §923, amd §§3001-b & 3001-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9897
2015-2016: S7848, A4216
2017-2018: S1297, A3381, A6050
2019-2020: S2996, A4876

2021-S1016 - Summary

Establishes the "Dominic Murray sudden cardiac arrest prevention act"; directs the commissioners of education and health to establish rules and regulations for the treatment and monitoring of students of school districts, boards of cooperative educational services and nonpublic schools who exhibit signs or symptoms of sudden cardiac arrest; further provides that the commissioner of education shall promulgate rules and regulations requiring any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest to be immediately removed from athletic activities and not resume such activity until he or she has been evaluated by and received written and signed authorization from a licensed physician.

2021-S1016 - Sponsor Memo

                                
 
BILL NUMBER: S1016

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to directing the commissioners of education and health to establish
rules and regulations for the treatment and monitoring of students of
school districts, boards of cooperative educational services and nonpub-
lic schools who exhibit signs or symptoms of pending or increased risk
of sudden cardiac arrest

 
PURPOSE:

This legislation would establish the Dominic Murray Sudden Cardiac
Arrest Prevention Act.

 
SUMMARY OF PROVISIONS:

Section 1 contains the short title of the act.

Section 2 amends section 206 of the public health law by adding subdivi-
sion 31 to require the Commissioner of Health to develop information to
be reviewed by the Commissioner of Education, relating to pupil's exhib-
iting signs or symptoms of pending or increased risk of sudden cardiac
arrest, and provide for the posting of the information on the depart-
ment's official website.

Section 3 of this bill adds a new Section 923 to the education law to
direct the Commissioner of Education to review the information created
by the Department of Health relating to pupils who exhibit signs or
symptoms of pending or increased risk of sudden cardiac arrest. Such
information will be posted on the Department's website, included in
permission form, consent form or similar document that may be required
for a student's participation in interscholastic athletics. The Commis-
sioner of Education will promulgate rules and regulations that authorize
school districts, at their discretion, to establish a SCA management
team.

Section 4 and 5 amend the education law to make conforming changes to
the statute governing the training required by coaches.  Commissioner's
Regulation Part 135.5 already requires that all coaches be trained in
First Aid and Adult CPR/AED Skills. The Commissioner's Regulations have
also expanded the eligible list of training agencies beyond the American
Red Cross. This section merely conforms statute with regulation.

Section 6 specifies this act shall take effect on the first of July next
succeeding the date on which it shall have become law, provided that,
effective immediately, any rules and regulations necessary to implement
the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

 
JUSTIFICATION:

Sudden Cardiac Arrest (SCA) is the leading cause of death among school
athletes. As many as 7,000 to 10,000 young people die from SCA every
year. On October 5th, 2009, Dominic Murray (age 17), suffered a sudden
cardiac arrest and collapsed on the court during a basketball game just
weeks in to his Freshman Year at Farmingdale State College.  His sudden
cardiac arrest symptoms went unrecognized by all around him. SCA is a
life or death emergency. For every minute that passes without cardiopul-
monary resuscitation (CPR) and use of an automated external defibrilla-
tor (AED), the victim sustains a 10% loss of a chance of survival.

What happened to Dominic and many other young athletes can be prevented
by informing and educating our coaches, pupils, and parents about SCA.
As our children spend a significant amount of time in school and partic-
ipating in school related activities, it is critical for schools to
educate students and their families about SCA and its signs and symp-
toms. The Dominic Murray Sudden Cardiac Arrest Prevention Act is neces-
sary in order to fill this void.

Current law, together with Part 135.5 of the Commissioner's Regulations,
already require that coaches at both public and non-public schools be
trained in first aid, adult cardiopulmonary resuscitation and use of
automated external defibrillator.

All materials required by this legislation will be compiled by the
State. The development of a sudden cardiac arrest management team would
be at the option of the school district.

Similar legislation has been enacted in Pennsylvania, Indiana, New
Jersey, Connecticut, Delaware, Oklahoma, Tennessee, Maryland, North
Carolina, Florida, Washington, Ohio, California, and Georgia.

 
LEGISLATIVE HISTORY:

S2996A of 2019-20 S1297 of 2017-18 S7848 of 2016

 
FISCAL IMPLICATIONS:

Minimal given all coaches are already required to take first aid, adult
cardiopulmonary resuscitation and use of an automated external defibril-
lator training.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law, provided that, effective immediately,
any rules and regulations necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed on
or before such date.

2021-S1016 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1016
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, RAMOS, GOUNARDES, JACKSON, KENNEDY, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to  directing  the  commissioners of education and health to establish
   rules and regulations for the treatment and monitoring of students  of
   school  districts,  boards  of  cooperative  educational  services and
   nonpublic  schools  who  exhibit  signs  or  symptoms  of  pending  or
   increased risk of sudden cardiac arrest
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Dominic Murray sudden cardiac arrest prevention act".
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 31 to read as follows:
   31. THE COMMISSIONER SHALL DEVELOP INFORMATION THAT IS REVIEWED BY THE
 COMMISSIONER OF EDUCATION RELATED TO STUDENTS WHO EXHIBIT SIGNS OR SYMP-
 TOMS OF PENDING OR INCREASED RISK OF SUDDEN CARDIAC ARREST. SUCH  INFOR-
 MATION  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE DEFINITION OF SUDDEN
 CARDIAC ARREST, SIGNS AND SYMPTOMS OF SUDDEN CARDIAC ARREST, AND  GUIDE-
 LINES  FOR  A STUDENT'S PARTICIPATION IN INTERSCHOLASTIC ATHLETICS AFTER
 EXHIBITING SIGNS OR SYMPTOMS OF PENDING  OR  INCREASED  RISK  OF  SUDDEN
 CARDIAC  ARREST.  SUCH  INFORMATION  SHALL BE POSTED ON THE DEPARTMENT'S
 WEBSITE.
   § 3. The education law is amended by adding a new section 923 to  read
 as follows:
   §  923.  SUDDEN  CARDIAC  ARREST. A. THE COMMISSIONER SHALL REVIEW THE
 INFORMATION DEVELOPED BY THE COMMISSIONER OF HEALTH REQUIRED BY SUBDIVI-
 SION THIRTY-ONE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH  LAW  TO
 ASSIST IN THE EDUCATION AND AWARENESS OF THE SIGNS AND SYMPTOMS OF PEND-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01188-01-1

 S. 1016                             2
 
 ING  OR  INCREASED RISK OF SUDDEN CARDIAC ARREST. SUCH INFORMATION SHALL
 BE POSTED ON THE DEPARTMENT'S WEBSITE. IN ADDITION, EACH SCHOOL SHALL BE
 REQUIRED TO INCLUDE SUCH INFORMATION  REVIEWED  BY  THE  DEPARTMENT  AND
 DEVELOPED  BY  THE DEPARTMENT OF HEALTH IN ANY PERMISSION FORM OR PARENT
 OR PERSON IN PARENTAL RELATION CONSENT FORM OR SIMILAR DOCUMENT THAT MAY
 BE REQUIRED FOR A STUDENT'S PARTICIPATION IN  INTERSCHOLASTIC  ATHLETICS
 AND SHALL ALSO INCLUDE SUCH INFORMATION, OR REFERENCE HOW TO OBTAIN SUCH
 INFORMATION FROM THE DEPARTMENT AND THE DEPARTMENT OF HEALTH'S WEBSITES,
 ON THE SCHOOL'S WEBSITE, IF ONE EXISTS.
   B.  THE  COMMISSIONER  SHALL  PROMULGATE  RULES  AND  REGULATIONS THAT
 AUTHORIZE SCHOOL DISTRICTS, IN THEIR DISCRETION, TO ESTABLISH  A  SUDDEN
 CARDIAC  ARREST  MANAGEMENT TEAM. SUCH MANAGEMENT TEAM SHALL BE COMPOSED
 OF AN ATHLETIC DIRECTOR, A SCHOOL NURSE, A SCHOOL PHYSICIAN, A COACH  OF
 THE  INTERSCHOLASTIC  TEAM,  AN  ATHLETIC  TRAINER  OR OTHER APPROPRIATE
 PERSONNEL AS DESIGNATED BY  THE  SCHOOL  OR  SCHOOL  DISTRICT.  PROVIDED
 FURTHER,  EVERY  SUDDEN CARDIAC ARREST MANAGEMENT TEAM MAY ESTABLISH AND
 IMPLEMENT A PROGRAM THAT ANNUALLY PROVIDES INFORMATION ON SUDDEN CARDIAC
 ARREST TO PARENTS OR PERSONS IN PARENTAL RELATION.   IN DEVELOPING  SUCH
 RULES AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER INPUT FROM STAKE-
 HOLDERS  AND  OTHER  INTERESTED  PARTIES  INCLUDING, BUT NOT LIMITED TO,
 PARENTS, TEACHERS,  STUDENTS,  SCHOOL  ADMINISTRATORS,  SCHOOL  ATHLETIC
 TRAINERS,  COACHES, MEDICAL AND HEALTH PROFESSIONALS, THE PUBLIC SCHOOLS
 ATHLETIC LEAGUE (PSAL), THE NEW YORK STATE PUBLIC HIGH  SCHOOL  ATHLETIC
 ASSOCIATION (NYSPHSAA), AND OTHER ATHLETIC ASSOCIATIONS.
   § 4. Subdivision 1 of section 3001-b of the education law, as added by
 chapter 498 of the laws of 1991, is amended to read as follows:
   1. On and after the effective date of this section, in addition to any
 provision  of law or rule or regulation of the department related to the
 requirements necessary for teachers within the  public  school  systems,
 whether certified in physical education or not, to coach any extra-class
 athletic  activity,  it  shall  be  required of such teachers, except as
 provided in subdivision two of this section, to hold a valid certificate
 of completion of a course of study in first  aid  knowledge  and  skills
 offered  by  [the  American  National Red Cross] A NATIONALLY RECOGNIZED
 ORGANIZATION, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF  SECTION
 THREE  THOUSAND-B  OF  THE PUBLIC HEALTH LAW and approved by the commis-
 sioner, or to meet equivalent requirements as certified by  the  commis-
 sioner. Any such course of study or equivalent requirements must include
 instruction  in  RECOGNIZING  SIGNS AND SYMPTOMS OF PENDING OR INCREASED
 RISK OF CARDIAC ARREST AND SUDDEN CARDIAC ARREST AND the  administration
 of  adult  cardiopulmonary  resuscitation.  Prior  to  the start of each
 sports season, coaches must provide valid evidence to their chief school
 officer that their first aid  and  adult  cardiopulmonary  resuscitation
 knowledge  and  skills  are  current pursuant to the requirements estab-
 lished by [the American National  Red  Cross]  A  NATIONALLY  RECOGNIZED
 ORGANIZATION,  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 THREE THOUSAND-B OF THE PUBLIC HEALTH LAW or that they  meet  equivalent
 requirements as certified by the commissioner.
   § 5. Subdivision 1 of section 3001-c of the education law, as added by
 chapter 39 of the laws of 1994, is amended to read as follows:
   1.  On  and  after  the  effective  date  of this section, it shall be
 required of coaches of high school extra-class athletic activities in  a
 nonpublic  school  system, except as provided in subdivision two of this
 section, to hold a valid certificate of completion of a course of  study
 in  first aid knowledge and skills offered by [the American National Red
 Cross] A NATIONALLY RECOGNIZED ORGANIZATION, AS DEFINED IN PARAGRAPH (D)

 S. 1016                             3
 
 OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH  LAW
 and  approved by the commissioner, or to meet equivalent requirements as
 certified by the commissioner. Any such course of  study  or  equivalent
 requirements  must include instruction in RECOGNIZING SIGNS AND SYMPTOMS
 OF PENDING OR INCREASED RISK OF CARDIAC ARREST AND SUDDEN CARDIAC ARREST
 AND the administration of adult cardiopulmonary resuscitation. Prior  to
 the  start of each sports season, coaches must provide valid evidence to
 their chief school officer that their first aid and  adult  cardiopulmo-
 nary  resuscitation  knowledge  and  skills  are current pursuant to the
 requirements  established  by  [the  American  National  Red  Cross]   A
 NATIONALLY  RECOGNIZED  ORGANIZATION,  AS  DEFINED  IN  PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH LAW  or
 that they meet equivalent requirements as certified by the commissioner.
   §  6.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2021-S1016A - Details

See Assembly Version of this Bill:: A2388
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; add §923, amd §§3001-b & 3001-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9897
2015-2016: S7848, A4216
2017-2018: S1297, A3381, A6050
2019-2020: S2996, A4876

2021-S1016A - Summary

2021-S1016A - Sponsor Memo

                                
 
BILL NUMBER: S1016A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to directing the commissioners of education and health to establish
rules and regulations for the treatment and monitoring of students of
school districts, boards of cooperative educational services and nonpub-
lic schools who exhibit signs or symptoms of sudden cardiac arrest

 
PURPOSE:

This legislation would establish the Dominic Murray Sudden Cardiac
Arrest Prevention Act  
SUMMARY OF PROVISIONS:

Section 1 contains the short. title of the

Section 2 amends section 206 of the public health law by adding subdivi-
sion 31 to require the Commissioner of Health to develop information to
be reviewed by the Commissioner of Education, relating to pupil's exhib-

iting signs or symptoms of pending or increased risk of sudden cardiac
arrest, and provide for the posting of the information on the depart-
ment's official website.

Section 3 of this bill adds a new Section 923 to the education law to
direct the Commissioner of Education to review the information created
by the Department of Health relating to pupils who exhibit signs or
symptoms of pending or increased risk of sudden cardiac arrest. Such
information will be posted on the Department's website, included in
permission form, consent form or similar document that may be required
or a student's participation in interscholastic athretis. The Commis-
sioner of Education will promulgate rules and regulations that authorize
school districts, at their discretion, to establish a SCA management
team.

Section 4 and 5 amend the education law to make conforming changes to
the statute governing the training required by coaches.  Commissioner's
Regulation Part 135.5 already requires that all coaches be trained. in
First Aid and Adult CPR/AED Skills. The Commissioner's Regulations have
also expanded the eligible list of training agencies beyond the American
Red Cross. This section merely conforms statute with regulation.

Section 6 specifies this act shall take effect on the first of July next
succeeding the date on which it shall have become law, provided that,
effective immediately, any rules and regulations necessary to implement
the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

 
JUSTIFICATION:

Sudden Cardiac Arrest (SCA) is the leading cause of death among school
athletes. As many as 7,000 to 10,000 young people die from SCA every
year. Co October 5th, 2009, Dominic Murray (age 17), suffered a sudden
cardiac arrest and collapsed on the court during a basketball game just
weeks in to his Freshman Year at Farmingdale State College.  His sudden
cardiac arrest symptoms went unrecognized by all around him. SCA is a
life or death emergency. For every minute that passes without cardiopul-

monary resuscitation (CPR) and use of -an automated external defibrilla-
tor (AED), the victim sustains a 10% loss of a chance of survival.

What happened to Dominic and many other young athletes can be prevented
by informing and educating our coaches, pupils, and parents about SCA.
As our children spend a significant amount of time in school and partic-
ipating in school related activities, it is critical for schools to
educate students and their families about SCA and its signs and symp-
toms. The Dominic Murray Sudden Cardiac Arrest Prevention Act is neces-
sary in order to fill this void.  Current law, together with Part 135.5
of the Commissioner's Regulations, already require that coaches at both
public and non-public schools be trained in first aid, adult cardiopul-
monary resuscitation and use of automated external defibrillator.  All
materials required by this legislation will be compiled by the State.
The development of a sudden cardiac arrest management team would be at
the option of the school district.  Similar legislation has been enacted
in Pennsylvania, Indiana, New Jersey, Connecticut, Delaware, Oklahoma,
Tennessee, Maryland, North Carolina, Florida, Washington, Ohio, Califor-
nia, and Georgia,

 
LEGISLATIVE HISTORY:

S2996A of 2019-20 S1297 of 2017-18 S7848 of 2016

 
FISCAL IMPLICATIONS:

Minimal given all coaches are already required to take first aid, adult
cardiopulmonary resuscitation and use of an automated external defibril-
lator training,

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law, provided that, effective immediately,
any rules and regulations necessary t.:-) implement the provisions of
this act on its effective date are authorized and directed to be
completed on or before such date.

2021-S1016A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1016--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, RAMOS, COMRIE, GOUNARDES, JACKSON, KENNE-
   DY, THOMAS -- read twice and ordered printed, and when printed  to  be
   committed  to  the  Committee  on Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the public health law and the education law, in relation
   to  directing  the  commissioners of education and health to establish
   rules and regulations for the treatment and monitoring of students  of
   school  districts,  boards  of  cooperative  educational  services and
   nonpublic schools who exhibit signs  or  symptoms  of  sudden  cardiac
   arrest
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Dominic Murray sudden cardiac arrest prevention act".
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 31 to read as follows:
   31. THE COMMISSIONER SHALL DEVELOP INFORMATION THAT IS REVIEWED BY THE
 COMMISSIONER OF EDUCATION RELATED TO STUDENTS WHO EXHIBIT SIGNS OR SYMP-
 TOMS OF PENDING OR INCREASED RISK OF SUDDEN CARDIAC ARREST. SUCH  INFOR-
 MATION  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE DEFINITION OF SUDDEN
 CARDIAC ARREST, SIGNS AND SYMPTOMS OF SUDDEN CARDIAC ARREST, AND  GUIDE-
 LINES  FOR  A STUDENT'S PARTICIPATION IN INTERSCHOLASTIC ATHLETICS AFTER
 EXHIBITING SIGNS OR SYMPTOMS OF PENDING  OR  INCREASED  RISK  OF  SUDDEN
 CARDIAC  ARREST.  SUCH  INFORMATION  SHALL BE POSTED ON THE DEPARTMENT'S
 WEBSITE.
   § 3. The education law is amended by adding a new section 923 to  read
 as follows:
   §  923.  SUDDEN  CARDIAC  ARREST. A. THE COMMISSIONER SHALL REVIEW THE
 INFORMATION DEVELOPED BY THE COMMISSIONER OF HEALTH REQUIRED BY SUBDIVI-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01188-02-1

 S. 1016--A                          2
 
 SION THIRTY-ONE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH  LAW  TO
 ASSIST IN THE EDUCATION AND AWARENESS OF THE SIGNS AND SYMPTOMS OF PEND-
 ING  OR  INCREASED RISK OF SUDDEN CARDIAC ARREST. SUCH INFORMATION SHALL
 BE POSTED ON THE DEPARTMENT'S WEBSITE. IN ADDITION, EACH SCHOOL SHALL BE
 REQUIRED  TO  INCLUDE  SUCH  INFORMATION  REVIEWED BY THE DEPARTMENT AND
 DEVELOPED BY THE DEPARTMENT OF HEALTH IN ANY PERMISSION FORM  OR  PARENT
 OR PERSON IN PARENTAL RELATION CONSENT FORM OR SIMILAR DOCUMENT THAT MAY
 BE  REQUIRED  FOR A STUDENT'S PARTICIPATION IN INTERSCHOLASTIC ATHLETICS
 AND SHALL ALSO INCLUDE SUCH INFORMATION, OR REFERENCE HOW TO OBTAIN SUCH
 INFORMATION FROM THE DEPARTMENT AND THE DEPARTMENT OF HEALTH'S WEBSITES,
 ON THE SCHOOL'S WEBSITE, IF ONE EXISTS.
   B. THE  COMMISSIONER  SHALL  PROMULGATE  RULES  AND  REGULATIONS  THAT
 AUTHORIZE  SCHOOL  DISTRICTS, IN THEIR DISCRETION, TO ESTABLISH A SUDDEN
 CARDIAC ARREST MANAGEMENT TEAM. SUCH MANAGEMENT TEAM SHALL  BE  COMPOSED
 OF  AN ATHLETIC DIRECTOR, A SCHOOL NURSE, A SCHOOL PHYSICIAN, A COACH OF
 THE INTERSCHOLASTIC TEAM,  AN  ATHLETIC  TRAINER  OR  OTHER  APPROPRIATE
 PERSONNEL  AS  DESIGNATED  BY  THE  SCHOOL  OR SCHOOL DISTRICT. PROVIDED
 FURTHER, EVERY SUDDEN CARDIAC ARREST MANAGEMENT TEAM MAY  ESTABLISH  AND
 IMPLEMENT A PROGRAM THAT ANNUALLY PROVIDES INFORMATION ON SUDDEN CARDIAC
 ARREST  TO  PARENTS OR PERSONS IN PARENTAL RELATION.  IN DEVELOPING SUCH
 RULES AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER INPUT FROM STAKE-
 HOLDERS AND OTHER INTERESTED PARTIES  INCLUDING,  BUT  NOT  LIMITED  TO,
 PARENTS,  TEACHERS,  STUDENTS,  SCHOOL  ADMINISTRATORS,  SCHOOL ATHLETIC
 TRAINERS, COACHES, MEDICAL AND HEALTH PROFESSIONALS, THE PUBLIC  SCHOOLS
 ATHLETIC  LEAGUE  (PSAL), THE NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC
 ASSOCIATION (NYSPHSAA), AND OTHER ATHLETIC ASSOCIATIONS.
   § 4. Subdivision 1 of section 3001-b of the education law, as added by
 chapter 498 of the laws of 1991, is amended to read as follows:
   1. On and after the effective date of this section, in addition to any
 provision of law or rule or regulation of the department related to  the
 requirements  necessary  for  teachers within the public school systems,
 whether certified in physical education or not, to coach any extra-class
 athletic activity, it shall be required  of  such  teachers,  except  as
 provided in subdivision two of this section, to hold a valid certificate
 of  completion  of  a  course of study in first aid knowledge and skills
 offered by [the American National Red  Cross]  A  NATIONALLY  RECOGNIZED
 ORGANIZATION,  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 THREE THOUSAND-B OF THE PUBLIC HEALTH LAW and approved  by  the  commis-
 sioner,  or  to meet equivalent requirements as certified by the commis-
 sioner. Any such course of study or equivalent requirements must include
 instruction in RECOGNIZING SIGNS AND  SYMPTOMS  OF  CARDIAC  ARREST  AND
 SUDDEN  CARDIAC  ARREST  AND the administration of adult cardiopulmonary
 resuscitation. Prior to the start of each sports  season,  coaches  must
 provide  valid  evidence  to their chief school officer that their first
 aid and adult cardiopulmonary resuscitation  knowledge  and  skills  are
 current  pursuant  to  the  requirements  established  by  [the American
 National Red Cross] A NATIONALLY RECOGNIZED ORGANIZATION, AS DEFINED  IN
 PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF SECTION THREE THOUSAND-B OF THE
 PUBLIC HEALTH LAW or that they meet equivalent requirements as certified
 by the commissioner.
   § 5. Subdivision 1 of section 3001-c of the education law, as added by
 chapter 39 of the laws of 1994, is amended to read as follows:
   1. On and after the effective  date  of  this  section,  it  shall  be
 required  of coaches of high school extra-class athletic activities in a
 nonpublic school system, except as provided in subdivision two  of  this
 section,  to hold a valid certificate of completion of a course of study

 S. 1016--A                          3
 
 in first aid knowledge and skills offered by [the American National  Red
 Cross] A NATIONALLY RECOGNIZED ORGANIZATION, AS DEFINED IN PARAGRAPH (D)
 OF  SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH LAW
 and  approved by the commissioner, or to meet equivalent requirements as
 certified by the commissioner. Any such course of  study  or  equivalent
 requirements  must include instruction in RECOGNIZING SIGNS AND SYMPTOMS
 OF CARDIAC ARREST AND SUDDEN CARDIAC ARREST AND  the  administration  of
 adult  cardiopulmonary  resuscitation. Prior to the start of each sports
 season, coaches must provide valid evidence to their chief school  offi-
 cer  that  their first aid and adult cardiopulmonary resuscitation know-
 ledge and skills are current pursuant to the requirements established by
 [the American National Red Cross] A NATIONALLY RECOGNIZED  ORGANIZATION,
 AS  DEFINED  IN  PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE THOU-
 SAND-B OF THE PUBLIC HEALTH LAW or that they  meet  equivalent  require-
 ments as certified by the commissioner.
   §  6.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2021-S1016B (ACTIVE) - Details

See Assembly Version of this Bill:: A2388
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L; add §923, amd §§3001-b & 3001-c, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9897
2015-2016: S7848, A4216
2017-2018: S1297, A3381, A6050
2019-2020: S2996, A4876

2021-S1016B (ACTIVE) - Summary

2021-S1016B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1016B

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to directing the commissioners of education and health to establish
rules and regulations for the treatment and monitoring of students of
school districts, boards of cooperative educational services and nonpub-
lic schools who exhibit signs or symptoms of sudden cardiac arrest

 
PURPOSE:

This legislation would establish the Dominic Murray Sudden Cardiac
Arrest Prevention Act.

 
SUMMARY OF PROVISIONS:

Section 1 contains the short title of the act.

Section 2 amends section 206 of the public health law by adding subdivi-

sion 31 to require the Commissioner of Health to develop information, in
conjunction with the Commissioner of Education, relating to pupil's
exhibiting signs or symptoms of pending or increased risk of sudden
cardiac arrest, and provide for the posting of the information on the
department's official website.

Section 3 of this bill adds a new Section 923 to the education law to
direct the Commissioner of Education to review the information created
by the Department of Health relating to pupils who exhibit signs or
symptoms of pending or increased risk of sudden cardiac arrest. Such
information will be posted on the Department's website, included in
permission form, consent form or similar document that may be required
for a student's participation in interscholastic athletics. The Commis-
sioner of Education will promulgate rules and regulations regarding
return to play after a cardiac event.

Section 4 and 5 amend the education law to make conforming changes to
the statute governing the training required by coaches.  Commissioner's
Regulation Part 135.5 already requires that all coaches be trained in
First Aid and Adult CPR/AED Skills. The Commissioner's Regulations have
also expanded the eligible list of training agencies beyond the American
Red Cross. This section merely conforms statute with regulation.

Section 6 specifies this act shall take effect on the first of July next
succeeding the date on which it shall have become law, provided that,
effective immediately, any rules and regulations necessary to implement
the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

 
JUSTIFICATION:

Sudden Cardiac Arrest (SCA) is the leading cause of death among school
athletes. As many as 7,000 to 10,000 young people die from SCA every
year. On October 5th, 2009, Dominic Murray (age 17), suffered a sudden
cardiac arrest and collapsed on the court during a basketball game just
weeks in to his Freshman Year at Farmingdale State College.  His sudden
cardiac arrest symptoms went unrecognized by all around him. SCA is a
life or death emergency. For every minute that passes without cardiopul-
monary resuscitation (CPR) and use of an automated external defibrilla-
tor (AED), the victim sustains a 10% loss of a chance of survival.

What happened to Dominic and many other young athletes can be prevented
by informing and educating our coaches, pupils, and parents about SCA.
As our children spend a significant amount of time in school and partic-
ipating in school related activities, it is critical for schools to
educate students and their families about SCA and its signs and symp-
toms. The Dominic Murray Sudden Cardiac Arrest Prevention Act is neces-
sary in order to fill this void.

Current law, together with Part 135.5 of the Commissioner's Regulations,
already require that coaches at both public and non-public schools be
trained in first aid, adult cardiopulmonary resuscitation and use of
automated external defibrillator.

All materials required by this legislation will be compiled by the
State. The development of a sudden cardiac arrest management team would
be at the option of the school district.

Similar legislation has been enacted in Pennsylvania, Indiana, New
Jersey, Connecticut, Delaware, Oklahoma, Tennessee, Maryland, North
Carolina, Florida, Washington, Ohio, California, and Georgia.

 
LEGISLATIVE HISTORY:

S2996A of 2019-20
S1297 of 2017-18
S7848 of 2016

 
FISCAL IMPLICATIONS:

Minimal given all coaches are already required to take first aid, adult
cardiopulmonary resuscitation and use of an automated external defibril-
lator training.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become law, provided that, effective immediately,
any rules and regulations necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed on
or before such date.

2021-S1016B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1016--B
     Cal. No. 1033
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, RAMOS, COMRIE, GOUNARDES, JACKSON, KENNE-
   DY, THOMAS -- read twice and ordered printed, and when printed  to  be
   committed  to  the  Committee  on Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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
 
 AN ACT to amend the public health law and the education law, in relation
   to  directing  the  commissioners of education and health to establish
   rules and regulations for the treatment and monitoring of students  of
   school  districts,  boards  of  cooperative  educational  services and
   nonpublic schools who exhibit signs  or  symptoms  of  sudden  cardiac
   arrest
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Dominic Murray sudden cardiac arrest prevention act".
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 31 to read as follows:
   31. THE COMMISSIONER SHALL DEVELOP INFORMATION,  IN  CONJUNCTION  WITH
 THE  COMMISSIONER  OF EDUCATION RELATED TO STUDENTS WHO EXHIBIT SIGNS OR
 SYMPTOMS OF PENDING OR INCREASED RISK OF  SUDDEN  CARDIAC  ARREST.  SUCH
 INFORMATION  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, THE DEFINITION OF
 SUDDEN CARDIAC ARREST, SIGNS AND  SYMPTOMS  OF  SUDDEN  CARDIAC  ARREST.
 SUCH INFORMATION SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE.
   §  3. The education law is amended by adding a new section 923 to read
 as follows:
   § 923. SUDDEN CARDIAC ARREST. A. THE  COMMISSIONER  SHALL  REVIEW  THE
 INFORMATION DEVELOPED BY THE COMMISSIONER OF HEALTH REQUIRED BY SUBDIVI-
 SION  THIRTY-ONE  OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01188-04-1

 S. 1016--B                          2
 
 ASSIST IN THE EDUCATION AND AWARENESS OF THE SIGNS AND SYMPTOMS OF PEND-
 ING OR INCREASED RISK OF SUDDEN CARDIAC ARREST. SUCH  INFORMATION  SHALL
 BE POSTED ON THE DEPARTMENT'S WEBSITE. IN ADDITION, EACH SCHOOL SHALL BE
 REQUIRED  TO  INCLUDE  SUCH  INFORMATION  DEVELOPED BY THE DEPARTMENT OF
 HEALTH, IN CONJUNCTION WITH THE DEPARTMENT, IN ANY  PERMISSION  FORM  OR
 PARENT  OR  PERSON IN PARENTAL RELATION CONSENT FORM OR SIMILAR DOCUMENT
 THAT MAY BE REQUIRED FOR A STUDENT'S  PARTICIPATION  IN  INTERSCHOLASTIC
 ATHLETICS  AND  SHALL ALSO INCLUDE SUCH INFORMATION, OR REFERENCE HOW TO
 OBTAIN SUCH INFORMATION  FROM  THE  DEPARTMENT  AND  THE  DEPARTMENT  OF
 HEALTH'S WEBSITES, ON THE SCHOOL'S WEBSITE, IF ONE EXISTS.
   B.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REQUIRING
 THAT ANY STUDENT DISPLAYING SIGNS OR SYMPTOMS OF  PENDING  OR  INCREASED
 RISK OF SUDDEN CARDIAC ARREST SHALL BE IMMEDIATELY REMOVED FROM ATHLETIC
 ACTIVITIES  AND  SHALL  NOT RESUME ATHLETIC ACTIVITY UNTIL HE OR SHE HAS
 BEEN EVALUATED BY AND RECEIVED WRITTEN AND SIGNED AUTHORIZATION  FROM  A
 LICENSED  PHYSICIAN.  SUCH  AUTHORIZATION  SHALL  BE KEPT ON FILE IN THE
 PUPIL'S PERMANENT HEALTH RECORD.
   § 4. Subdivision 1 of section 3001-b of the education law, as added by
 chapter 498 of the laws of 1991, is amended to read as follows:
   1. On and after the effective date of this section, in addition to any
 provision of law or rule or regulation of the department related to  the
 requirements  necessary  for  teachers within the public school systems,
 whether certified in physical education or not, to coach any extra-class
 athletic activity, it shall be required  of  such  teachers,  except  as
 provided in subdivision two of this section, to hold a valid certificate
 of  completion  of  a  course of study in first aid knowledge and skills
 offered by [the American National Red  Cross]  A  NATIONALLY  RECOGNIZED
 ORGANIZATION,  AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 THREE THOUSAND-B OF THE PUBLIC HEALTH LAW and approved  by  the  commis-
 sioner,  or  to meet equivalent requirements as certified by the commis-
 sioner. Any such course of study or equivalent requirements must include
 instruction in RECOGNIZING SIGNS AND  SYMPTOMS  OF  CARDIAC  ARREST  AND
 SUDDEN  CARDIAC  ARREST  AND the administration of adult cardiopulmonary
 resuscitation. Prior to the start of each sports  season,  coaches  must
 provide  valid  evidence  to their chief school officer that their first
 aid and adult cardiopulmonary resuscitation  knowledge  and  skills  are
 current  pursuant  to  the  requirements  established  by  [the American
 National Red Cross] A NATIONALLY RECOGNIZED ORGANIZATION, AS DEFINED  IN
 PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF SECTION THREE THOUSAND-B OF THE
 PUBLIC HEALTH LAW AND APPROVED BY THE COMMISSIONER, or  that  they  meet
 equivalent requirements as certified by the commissioner.
   § 5. Subdivision 1 of section 3001-c of the education law, as added by
 chapter 39 of the laws of 1994, is amended to read as follows:
   1.  On  and  after  the  effective  date  of this section, it shall be
 required of coaches of high school extra-class athletic activities in  a
 nonpublic  school  system, except as provided in subdivision two of this
 section, to hold a valid certificate of completion of a course of  study
 in  first aid knowledge and skills offered by [the American National Red
 Cross] A NATIONALLY RECOGNIZED ORGANIZATION, AS DEFINED IN PARAGRAPH (D)
 OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH  LAW
 and  approved by the commissioner, or to meet equivalent requirements as
 certified by the commissioner. Any such course of  study  or  equivalent
 requirements  must include instruction in RECOGNIZING SIGNS AND SYMPTOMS
 OF CARDIAC ARREST AND SUDDEN CARDIAC ARREST AND  the  administration  of
 adult  cardiopulmonary  resuscitation. Prior to the start of each sports
 season, coaches must provide valid evidence to their chief school  offi-

 S. 1016--B                          3
 
 cer  that  their first aid and adult cardiopulmonary resuscitation know-
 ledge and skills are current pursuant to the requirements established by
 [the American National Red Cross] A NATIONALLY RECOGNIZED  ORGANIZATION,
 AS  DEFINED  IN  PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE THOU-
 SAND-B OF THE PUBLIC HEALTH LAW AND APPROVED  BY  THE  COMMISSIONER,  or
 that they meet equivalent requirements as certified by the commissioner.
   §  6.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

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Senate Bill S1016B

Sponsored By

Archive: Last Bill Status Via A2388 - Signed by Governor

Jun 3, 2021 - Floor Vote

Floor Vote: Jun 3, 2021

May 11, 2021 - Health Committee Vote

Health Committee Vote: May 11, 2021

Bill Amendments

co-Sponsors

2021-S1016 - Details

2021-S1016 - Summary

2021-S1016 - Sponsor Memo

2021-S1016 - Bill Text download pdf

co-Sponsors

2021-S1016A - Details

2021-S1016A - Summary

2021-S1016A - Sponsor Memo

2021-S1016A - Bill Text download pdf

co-Sponsors

2021-S1016B (ACTIVE) - Details

2021-S1016B (ACTIVE) - Summary

2021-S1016B (ACTIVE) - Sponsor Memo

2021-S1016B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1016B

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Sponsored By

Archive: Last Bill Status Via A2388 - Signed by Governor

Bill Amendments

co-Sponsors

2021-S1016 - Details

2021-S1016 - Summary

2021-S1016 - Sponsor Memo

2021-S1016 - Bill Text download pdf

co-Sponsors

2021-S1016A - Details

2021-S1016A - Summary

2021-S1016A - Sponsor Memo

2021-S1016A - Bill Text download pdf

co-Sponsors

2021-S1016B (ACTIVE) - Details

2021-S1016B (ACTIVE) - Summary

2021-S1016B (ACTIVE) - Sponsor Memo

2021-S1016B (ACTIVE) - Bill Text download pdf

Comments