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

                                  4877

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  ROBINSON, JACOBS, MILLMAN, CASTRO --
  Multi-Sponsored by -- M.  of A. BOYLAND, HOOPER, PERRY, RIVERA,  WEIS-
  ENBERG -- 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.
                                                           LBD08661-01-3

              

A. 4877                             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 921 to read
as follows:
  S 921. 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.