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

                                  5647

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M. of A. ORTIZ, ROBINSON, JACOBS, MILLMAN -- Multi-Spon-
  sored by -- M. of A.  BOYLAND, DIAZ, FIELDS, HOOPER, JOHN,  MAYERSOHN,
  PERRY,  PHEFFER, J. RIVERA, TOWNS, WEISENBERG, WRIGHT -- 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  ILLNESSES.   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 OR  OTHER  POTEN-
TIALLY  LIFE-THREATENING  ILLNESS  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 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.
                                                           LBD07805-01-9
              

A. 5647                             2

  2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES THAT  HAS  ALLOWED  THE  USE  OF  AN
INHALER  BY  A  STUDENT PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF
THIS SECTION SHALL INFORM THE PARENTS, GUARDIANS OR PERSONS IN  PARENTAL
RELATION  TO  THE  PUPIL IN WRITING THAT THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES AND ITS EMPLOYEES OR AGENTS SHALL INCUR
NO LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRA-
TION OF MEDICATION BY THE PUPIL. THE PARENTS, GUARDIANS  OR  PERSONS  IN
PARENTAL RELATION TO THE PUPIL SHALL SIGN A STATEMENT ACKNOWLEDGING THAT
THE DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL INCUR NO
LIABILITY AS A RESULT OF ANY INJURY ARISING FROM THE SELF-ADMINISTRATION
OF  MEDICATION  BY  THE  PUPIL  AND THE PARENTS, GUARDIANS OR PERSONS IN
PARENTAL RELATION SHALL INDEMNIFY AND HOLD HARMLESS THE SCHOOL  DISTRICT
OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  AND ITS EMPLOYEES AND
AGENTS ANY CLAIMS ARISING OUT OF THE SELF-ADMINISTRATION  OF  MEDICATION
BY THE PUPIL.
  3. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT OR BOARD
OF  COOPERATIVE  EDUCATIONAL  SERVICES  THAT  HAS  ALLOWED THE USE OF AN
INHALER BY A STUDENT PURSUANT TO THE PROVISIONS OF  SUBDIVISION  ONE  OF
THIS  SECTION  SHALL  PREPARE  AN  EMERGENCY  ACTION  PLAN FOR EACH SUCH
STUDENT. THE COMMISSIONER, IN  CONSULTATION  WITH  THE  COMMISSIONER  OF
HEALTH AND A PHYSICIAN, SHALL DETERMINE THE INFORMATION, ACTIONS, AND/OR
PROCEDURES THAT MUST BE CONTAINED WITHIN EACH PLAN.
  S  2. The education law is amended by adding a new section 920 to read
as follows:
  S 920. USE OF NEBULIZER. 1. EVERY SCHOOL  DISTRICT,  BOARD  OF  EDUCA-
TIONAL  SERVICES  AND  NONPUBLIC ELEMENTARY AND SECONDARY SCHOOL IN THIS
STATE SHALL REQUIRE AT LEAST ONE NEBULIZER BE MAINTAINED IN  THE  OFFICE
OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE LOCATION.
  2.  THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS FOR THE ADMINIS-
TRATION OF ASTHMA MEDICATION THROUGH THE  USE  OF  A  NEBULIZER  BY  THE
SCHOOL  NURSE  OR PERSON AUTHORIZED BY REGULATION. THE REGULATIONS SHALL
INCLUDE:
  A. A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON  AUTHORIZED
TO  ADMINISTER  ASTHMA  MEDICATION IN SCHOOLS RECEIVE TRAINING IN AIRWAY
MANAGEMENT AND IN THE USE OF NEBULIZERS  AND  INHALERS  CONSISTENT  WITH
NATIONALLY RECOGNIZED STANDARDS, INCLUDING, BUT NOT LIMITED TO, THOSE OF
THE NATIONAL INSTITUTES OF HEALTH AND THE AMERICAN ASSOCIATION OF ALLER-
GY AND IMMUNOLOGY; AND
  B.  A  REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE ASTHMA MEDICATION
PURSUANT TO SUBDIVISION ONE OF SECTION  NINE  HUNDRED  SIXTEEN  OF  THIS
ARTICLE  OR  A  NEBULIZER  HAVE AN ASTHMA TREATMENT PLAN PREPARED BY THE
PHYSICIAN OF THE PUPIL, WHICH IDENTIFY, AT A MINIMUM,  ASTHMA  TRIGGERS,
THE  TREATMENT  PLAN,  AND SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY
THE REGENTS.
  3. THE COMMISSIONER SHALL ENSURE THAT ANNUAL ASTHMA EDUCATION OPPORTU-
NITIES ARE MADE AVAILABLE FOR MEDICAL INSPECTORS AND ALL MEMBERS OF  THE
TEACHING STAFF.
  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.