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.