S T A T E O F N E W Y O R K
________________________________________________________________________
9897
I N A S S E M B L Y
May 27, 2014
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Education
AN ACT to amend the education law and the public health law, in relation
to directing the commissioners of education and health to establish
rules and regulations for the treatment and monitoring of students of
school districts, boards of cooperative educational services and
nonpublic schools who exhibit signs or symptoms of sudden cardiac
arrest
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Dominic Murray sudden cardiac arrest prevention act".
S 2. Section 305 of the education law is amended by adding a new
subdivision 52 to read as follows:
52. A. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH, SHALL PROMULGATE AND REVIEW AS NECESSARY RULES AND REGULATIONS
RELATING TO PUPILS WHO EXHIBIT SIGNS OR SYMPTOMS OF SUDDEN CARDIAC
ARREST WHILE RECEIVING INSTRUCTION OR ENGAGING IN ANY SCHOOL SPONSORED
OR RELATED ACTIVITY. IN DEVELOPING SUCH RULES AND REGULATIONS, THE
COMMISSIONER SHALL CONSIDER COMMENTS FROM STAKEHOLDERS AND OTHER INTER-
ESTED PARTIES INCLUDING BUT NOT LIMITED TO PARENTS, TEACHERS, STUDENTS,
SCHOOL ADMINISTRATORS, SCHOOL ATHLETIC TRAINERS, SPORT COACHES, MEDICAL
AND HEALTH PROFESSIONALS, THE PUBLIC SCHOOLS ATHLETIC LEAGUE (PSAL), THE
NEW YORK STATE PUBLIC HIGH SCHOOL ATHLETIC ASSOCIATION (NYSPHSAA), AND
OTHER ATHLETIC ASSOCIATIONS. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE
LIMITED TO:
(I) REQUIRING A COURSE OF INSTRUCTION RELATING TO RECOGNIZING PUPILS
WHO EXHIBIT SIGNS OR SYMPTOMS OF SUDDEN CARDIAC ARREST AND SEEKING PROP-
ER MEDICAL TREATMENT FOR SUCH PUPILS. SUCH COURSE OF INSTRUCTION SHALL
BE REQUIRED TO BE COMPLETED ON A BIENNIAL BASIS BY ALL SCHOOL COACHES,
PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAINERS. THE COURSE OF
INSTRUCTION REQUIRED BY THIS SUBPARAGRAPH SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE DEFINITION OF A "SUDDEN CARDIAC ARREST," SIGNS AND SYMP-
TOMS OF SUDDEN CARDIAC ARREST, AND THE GUIDELINES FOR THE RETURN TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15322-02-4
A. 9897 2
SCHOOL AND TO CERTAIN SCHOOL ACTIVITIES AFTER A PUPIL HAS EXHIBITED
SIGNS OR SYMPTOMS OF SUDDEN CARDIAC ARREST REGARDLESS OF WHETHER SUCH
SUDDEN CARDIAC ARREST OCCURRED OUTSIDE OF SCHOOL. SUCH TRAINING MAY BE
COMPLETED BY MEANS OF COURSES OF INSTRUCTION, INCLUDING BUT NOT LIMITED
TO, COURSES PROVIDED ONLINE AND BY TELECONFERENCE APPROVED BY THE
DEPARTMENT;
(II) PROVIDING THAT THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL
POST ON THEIR INTERNET WEBSITES INFORMATION RELATING TO SUDDEN CARDIAC
ARREST, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, THE DEFINITION OF A
"SUDDEN CARDIAC ARREST," SIGNS AND SYMPTOMS OF SUDDEN CARDIAC ARREST,
AND THE GUIDELINES FOR THE RETURN TO SCHOOL AND TO CERTAIN SCHOOL ACTIV-
ITIES AFTER A PUPIL HAS EXHIBITED SIGNS OR SYMPTOMS OF SUDDEN CARDIAC
ARREST REGARDLESS OF WHETHER SUCH SUDDEN CARDIAC ARREST OCCURRED OUTSIDE
OF SCHOOL. SCHOOLS SHALL BE REQUIRED TO INCLUDE SUCH INFORMATION IN ANY
PERMISSION FORM OR PARENT OR PERSON IN PARENTAL RELATION CONSENT FORM OR
SIMILAR DOCUMENT THAT MAY BE REQUIRED FOR A PUPIL'S PARTICIPATION IN
INTERSCHOLASTIC SPORTS AND SHALL ALSO INCLUDE SUCH INFORMATION, OR
REFERENCE HOW TO OBTAIN SUCH INFORMATION FROM THE DEPARTMENT AND THE
DEPARTMENT OF HEALTH INTERNET WEBSITES, ON THE SCHOOL'S INTERNET
WEBSITE, IF ONE EXISTS;
(III) REQUIRING THE IMMEDIATE REMOVAL FROM ATHLETIC ACTIVITIES OF ANY
PUPIL BELIEVED TO EXHIBIT SIGNS OR SYMPTOMS OF SUDDEN CARDIAC ARREST. IN
THE EVENT THAT THERE IS ANY DOUBT AS TO WHETHER A PUPIL HAS EXHIBITED
SIGNS OR SYMPTOMS OF SUDDEN CARDIAC ARREST, IT SHALL BE PRESUMED THAT HE
OR SHE HAS EXHIBITED SUCH SIGNS OR SYMPTOMS UNTIL PROVEN OTHERWISE. NO
SUCH PUPIL SHALL RESUME ATHLETIC ACTIVITY UNTIL HE OR SHE SHALL HAVE
BEEN EVALUATED BY AND RECEIVED WRITTEN AND SIGNED AUTHORIZATION FROM A
LICENSED PHYSICIAN. SUCH AUTHORIZATION SHALL BE KEPT ON FILE IN THE
PUPIL'S PERMANENT HEALTH RECORD. FURTHERMORE, SUCH RULES AND REGULATIONS
SHALL PROVIDE GUIDELINES FOR LIMITATIONS AND RESTRICTIONS ON SCHOOL
ATTENDANCE AND ACTIVITIES FOR PUPILS WHO HAVE EXHIBITED SIGNS OR SYMP-
TOMS OF SUDDEN CARDIAC ARREST, CONSISTENT WITH THE DIRECTIVES OF THE
PUPIL'S TREATING PHYSICIAN;
(IV) AUTHORIZING EACH SCHOOL OR SCHOOL DISTRICT, IN ITS DISCRETION, TO
ESTABLISH A SUDDEN CARDIAC ARREST MANAGEMENT TEAM WHICH MAY BE COMPOSED
OF THE ATHLETIC DIRECTOR (IF ANY), A SCHOOL NURSE, THE SCHOOL PHYSICIAN,
A COACH OF THE INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER OR SUCH OTHER
APPROPRIATE PERSONNEL AS DESIGNATED BY THE SCHOOL OR SCHOOL DISTRICT.
THE SUDDEN CARDIAC ARREST MANAGEMENT TEAM SHALL OVERSEE THE IMPLEMENTA-
TION OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVI-
SION AS IT PERTAINS TO THEIR ASSOCIATED SCHOOL INCLUDING THE REQUIREMENT
THAT ALL SCHOOL COACHES, PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLET-
IC TRAINERS THAT WORK WITH AND PROVIDE INSTRUCTION TO PUPILS ENGAGED IN
SCHOOL SPONSORED ATHLETIC ACTIVITIES COMPLETE TRAINING RELATING TO
SUDDEN CARDIAC ARREST. FURTHERMORE, EVERY SUDDEN CARDIAC ARREST MANAGE-
MENT TEAM MAY ESTABLISH AND IMPLEMENT A PROGRAM WHICH PROVIDES INFORMA-
TION ON SUDDEN CARDIAC ARREST TO PARENTS AND PERSONS IN PARENTAL
RELATION THROUGHOUT EACH SCHOOL YEAR.
B. THE RULES AND REGULATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION
SHALL BE DEEMED TO BE THE MINIMUM STANDARDS THAT MUST BE COMPLIED WITH
BY EVERY PUBLIC SCHOOL RELATING TO SUDDEN CARDIAC ARREST. SUCH RULES AND
REGULATIONS MAY ALSO BE IMPLEMENTED BY NONPUBLIC SCHOOLS IF THEY SO
AUTHORIZE. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY PUBLIC SCHOOL
OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT STAND-
ARDS.
A. 9897 3
S 3. Section 206 of the public health law is amended by adding a new
subdivision 29 to read as follows:
29. THE COMMISSIONER SHALL ASSIST THE COMMISSIONER OF EDUCATION IN
DEVELOPING RULES AND REGULATIONS, RELATING TO PUPILS WHO EXHIBIT SIGNS
OR SYMPTOMS OF SUDDEN CARDIAC ARREST, IN ACCORDANCE WITH SUBDIVISION
FIFTY-TWO OF SECTION THREE HUNDRED FIVE OF THE EDUCATION LAW, AND
PROVIDE FOR THE POSTING ON THE DEPARTMENT'S INTERNET WEBSITE OF SUCH
INFORMATION AS SHALL BE REQUIRED PURSUANT TO SUCH SUBDIVISION.
S 4. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, that, effective
immediately, any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.