S T A T E O F N E W Y O R K
________________________________________________________________________
3326
2013-2014 Regular Sessions
I N A S S E M B L Y
January 24, 2013
___________
Introduced by M. of A. JACOBS -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to pupils afflicted with
asthma
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. 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 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 permis-
sion 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.
2. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL DEVELOP FOR EACH SCHOOL
WITHIN SUCH DISTRICT, AN ASTHMA MANAGEMENT PROGRAM TO INCLUDE POLICIES
AND PROCEDURES FOR THE ADMINISTRATION OF MEDICATION AND THE USE OF DIAG-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03171-01-3
A. 3326 2
NOSTIC AND TREATMENT DEVICES TO STUDENTS DIAGNOSED BY A PHYSICIAN AS
HAVING ASTHMA. SUCH ASTHMA MANAGEMENT PROGRAM SHALL ALSO INCLUDE A
SPECIFIC PLAN OF ACTION FOR SCHOOL PERSONNEL TO FOLLOW IN THE EVENT OF
AN ACUTE ASTHMATIC EPISODE.
3. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND
BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALSO ENSURE THAT EACH
STUDENT DIAGNOSED BY A PHYSICIAN AS HAVING ASTHMA HAS ON FILE IN THE
SCHOOL THAT SUCH STUDENT ATTENDS AN ACTION PLAN APPROVED BY THE
STUDENT'S PHYSICIAN AND A PARENT FOR THE MANAGEMENT OF SUCH STUDENT'S
ASTHMA. SUCH PLAN, WHICH SHALL BE UPDATED AT LEAST ANNUALLY OR WHENEVER
THERE IS A CHANGE IN SUCH STUDENT'S CONDITION OR TREATMENT PLAN, SHALL
INCLUDE: A LIST OF THE MEDICATIONS THAT THE STUDENT RECEIVES INCLUDING
THOSE WHICH NEED TO BE TAKEN DURING THE SCHOOL DAY; A SPECIFIC PLAN OF
ACTION TO BE TAKEN BY SCHOOL PERSONNEL IN THE CASE OF AN ACUTE ASTHMATIC
EPISODE; A LIST OF DIAGNOSTIC OR TREATMENT DEVICES TO BE USED BY THE
STUDENT DURING THE SCHOOL DAY; ANY LIMITATIONS IMPOSED ON STUDENT ACTIV-
ITIES; AND EMERGENCY PROCEDURES AND TELEPHONE NUMBERS TO BE USED DURING
ACUTE EPISODES. SUCH ACTION PLAN SHALL BE SIGNED BY THE PHYSICIAN AND A
PARENT AND SHALL BE KEPT ON FILE IN AN ACCESSIBLE LOCATION IN THE SCHOOL
SUCH STUDENT ATTENDS.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.