The New York State Senate

                    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.