Assembly Bill A4269

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

                                  4269

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by  M. of A. ORTIZ, ESPAILLAT, JACOBS, MILLMAN, HOYT, CASTRO
  -- Multi-Sponsored by -- M.  of  A.  BING,  FARRELL,  KOON,  V. LOPEZ,
  MAYERSOHN,  PERRY,  J. RIVERA,  ROBINSON,  SALADINO, WEINSTEIN -- read
  once and referred to the Committee on Education

AN ACT to amend the education law, in relation to the  use  of  inhalers
  and nebulizers

  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 OR OTHER POTENTIALLY  LIFE-THREAT-
ENING RESPIRATORY ILLNESSES.  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 OR
OTHER POTENTIALLY LIFE-THREATENING RESPIRATORY ILLNESSES  to  carry  and
use a prescribed inhaler during the school day, with the written permis-
sion  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 permission 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD04783-01-9
              

A. 4269                             2

  S 2. The education law is amended by adding a new section 920 to  read
as follows:
  S  920.  ASTHMA  ACTION PLANS. EACH PUPIL AUTHORIZED TO USE ANY ASTHMA
MEDICATION SHALL HAVE AN ASTHMA ACTION PLAN PREPARED BY THE PHYSICIAN OR
OTHER DULY AUTHORIZED HEALTH CARE PROVIDER OF THE PUPIL,  WHICH  IDENTI-
FIES,  AT A MINIMUM, ASTHMA TRIGGERS, THE TREATMENT PLAN, AND SUCH OTHER
ELEMENTS AS SHALL BE DETERMINED BY THE COMMISSIONER IN CONSULTATION WITH
THE COMMISSIONER OF HEALTH.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly the commissioner of education is authorized to promulgate  rules  and
regulations for the implementation of this act on such effective date.