S T A T E O F N E W Y O R K
________________________________________________________________________
9244--A
2009-2010 Regular Sessions
I N A S S E M B L Y
November 9, 2009
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Education -- recommitted to the Committee on Education in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the education law, in relation to the promulgation of
rules and regulations by the commissioners of education and health
regarding written protocols by each school district relating to the
H1N1 virus
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 101-b
to read as follows:
S 101-B. PROMULGATION OF RULES AND REGULATIONS BY THE COMMISSIONER
RELATING TO THE DEVELOPMENT OF WRITTEN PROTOCOL BY SCHOOL DISTRICTS IN
RELATION TO THE H1N1 VIRUS EPIDEMIC. 1. THE COMMISSIONER, IN CONJUNCTION
WITH THE COMMISSIONER OF HEALTH, SHALL PROMULGATE RULES AND REGULATIONS
FOR THE DEVELOPMENT OF WRITTEN PROTOCOL BY SCHOOL DISTRICTS RELATING TO
THE H1N1 VIRUS EPIDEMIC AND PROCEDURES OF THE SCHOOL DISTRICT IN THE
CASE OF A POSSIBLE OUTBREAK OF SUCH VIRUS. SUCH RULES AND REGULATIONS,
SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS (A) REGARDING THE
CONTACT OF PARENTS AND STAFF ABOUT THE DANGERS OF THE H1N1 VIRUS AND THE
DEVELOPMENT OF A LETTER ADVISING PARENTS AND STAFF OF A CONFIRMED CASE
OF H1N1; (B) REGARDING INFORMATION OF WHEN AND WHERE VACCINATIONS ARE
OFFERED; (C) DETAILING STEPS TO BE TAKEN IN EACH SCHOOL FOR THE
PREVENTION OF THE SPREAD OF THE H1N1 VIRUS; (D) REGARDING PLANS AND
PROTOCOLS IN THE CASE OF A POSSIBLE H1N1 VIRUS OUTBREAK; AND (E) THE
DEPARTMENT OF HEALTH SHALL CONDUCT A STUDY OF THE FEASIBILITY OF ESTAB-
LISHING A SCHOOL-BASED INFLUENZA VACCINATION PILOT PROGRAM.
2. THE FEASIBILITY STUDY SHALL INCLUDE BUT NOT BE LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14722-04-0
A. 9244--A 2
(A) EXAMINING THE COSTS AND BENEFITS OF ESTABLISHING A SCHOOL-BASED
INFLUENZA VACCINATION PILOT PROGRAM;
(B) IDENTIFYING ANY BARRIERS TO IMPLEMENTING THE SCHOOL-BASED INFLUEN-
ZA VACCINATION PILOT PROGRAM AND RECOMMEND STRATEGIES FOR REMOVING THE
BARRIERS;
(C) DETERMINING THE FISCAL IMPACT TO THE STATE OF THE PROPOSED PILOT
PROGRAM; AND
(D) USING A VACCINE THAT WILL MINIMIZE DISCOMFORT TO THOSE VACCINATED,
CONSUME THE FEWEST MEDICAL SUPPLIES, SPEED ADMINISTRATION BY HEALTH
OFFICIALS AND HAS THE LEAST POTENTIAL ADVERSE EVENTS.
3. NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ACT, THE
DEPARTMENT OF HEALTH SHALL SUBMIT TO THE GOVERNOR, LIEUTENANT GOVERNOR,
TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, AND PRESID-
ING OFFICERS OF EACH STANDING COMMITTEE OF THE LEGISLATURE WITH JURIS-
DICTION OVER THE DEPARTMENT, A WRITTEN REPORT CONTAINING THE FINDINGS OF
THE FEASIBILITY STUDY AND SUCH DEPARTMENT'S RECOMMENDATIONS.
4. PENDING THE STUDY AND REPORT OF THE FEASIBILITY OF A SCHOOL-BASED
INFLUENZA VACCINATION PILOT PROGRAM, THE DEPARTMENT OF HEALTH MAY SEEK,
RECEIVE, AND SPEND MONEY RECEIVED THROUGH ANY APPROPRIATION, GRANT,
DONATION, OR REIMBURSEMENT FROM ANY PUBLIC OR PRIVATE SOURCE NECESSARY
TO IMPLEMENT THE PILOT PROGRAM.
S 2. This act shall take effect immediately.