S T A T E   O F   N E W   Y O R K
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                                   374

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. JACOBS, McENENY -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to pupils afflicted  with
  asthma

  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. 1.  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 to carry and use a prescribed inhaler during the  school  day,
with  the  written  permission  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 permis-
sion  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.
  2. THE BOARD OF EDUCATION OR TRUSTEES  OF  EACH  SCHOOL  DISTRICT  AND
BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SHALL DEVELOP FOR EACH SCHOOL
WITHIN SUCH DISTRICT, AN ASTHMA MANAGEMENT PROGRAM TO  INCLUDE  POLICIES

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

                                                           LBD02191-01-9

A. 374                              2

AND PROCEDURES FOR THE ADMINISTRATION OF MEDICATION AND THE USE OF DIAG-
NOSTIC  AND  TREATMENT  DEVICES  TO STUDENTS DIAGNOSED BY A PHYSICIAN AS
HAVING ASTHMA. SUCH ASTHMA  MANAGEMENT  PROGRAM  SHALL  ALSO  INCLUDE  A
SPECIFIC  PLAN  OF ACTION FOR SCHOOL PERSONNEL TO FOLLOW IN THE EVENT OF
AN ACUTE ASTHMATIC EPISODE.
  3. THE BOARD OF EDUCATION OR TRUSTEES  OF  EACH  SCHOOL  DISTRICT  AND
BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES SHALL ALSO ENSURE THAT EACH
STUDENT DIAGNOSED BY A PHYSICIAN AS HAVING ASTHMA HAS  ON  FILE  IN  THE
SCHOOL  THAT  SUCH  STUDENT  ATTENDS  AN  ACTION  PLAN  APPROVED  BY THE
STUDENT'S PHYSICIAN AND A PARENT FOR THE MANAGEMENT  OF  SUCH  STUDENT'S
ASTHMA.  SUCH PLAN, WHICH SHALL BE UPDATED AT LEAST ANNUALLY OR WHENEVER
THERE IS A CHANGE IN SUCH STUDENT'S CONDITION OR TREATMENT  PLAN,  SHALL
INCLUDE:  A  LIST OF THE MEDICATIONS THAT THE STUDENT RECEIVES INCLUDING
THOSE WHICH NEED TO BE TAKEN DURING THE SCHOOL DAY; A SPECIFIC  PLAN  OF
ACTION TO BE TAKEN BY SCHOOL PERSONNEL IN THE CASE OF AN ACUTE ASTHMATIC
EPISODE;  A  LIST  OF  DIAGNOSTIC OR TREATMENT DEVICES TO BE USED BY THE
STUDENT DURING THE SCHOOL DAY; ANY LIMITATIONS IMPOSED ON STUDENT ACTIV-
ITIES; AND EMERGENCY PROCEDURES AND TELEPHONE NUMBERS TO BE USED  DURING
ACUTE  EPISODES. SUCH ACTION PLAN SHALL BE SIGNED BY THE PHYSICIAN AND A
PARENT AND SHALL BE KEPT ON FILE IN AN ACCESSIBLE LOCATION IN THE SCHOOL
SUCH STUDENT ATTENDS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.