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
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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.