S T A T E   O F   N E W   Y O R K
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                                   935

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. ORTIZ, JACOBS, MILLMAN, HOYT, CASTRO -- Multi-
  Sponsored by -- M. of A.  BING, FARRELL, V. LOPEZ,  MAYERSOHN,  PERRY,
  J. RIVERA, ROBINSON, SALADINO -- read once and referred to the Commit-
  tee 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03660-01-1
              

A. 935                              2

custody of a spare inhaler, or require that a school nurse be  available
at all times in a school building for such purpose.
  S  2. The education law is amended by adding a new section 921 to read
as follows:
  S 921. 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.