S T A T E O F N E W Y O R K
________________________________________________________________________
5197
2015-2016 Regular Sessions
I N A S S E M B L Y
February 13, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, WEPRIN, ROSENTHAL, RODRIGUEZ -- read
once and referred to the Committee on Education
AN ACT to amend the education law, in relation to authorizing the use of
nebulizers in schools; and to amend chapter 672 of the laws of 2007,
amending the education law relating to the maintenance of on-site
nebulizers, in relation to the effectiveness of certain provisions
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 919 of the education law, as amended by chapter 42
of the laws of 2008, is amended to read as follows:
S 919. On-site nebulizers. 1. The board of education or trustees of
the school district responsible for providing health services in a
school, or the board of cooperative educational services in the case of
programs under its jurisdiction, shall make a nebulizer available
on-site in every public and private school building in which full or
part time nurse services are provided. Nebulizers in such school build-
ings shall be made available to allow reasonable access to all public
and private school students with a patient specific order, who require
inhaled medications administered by a nebulizer, provided, however, that
nebulizers shall be administered by a school nurse [or], physician OR
OTHER LICENSED PROFESSIONAL AUTHORIZED TO PERFORM SUCH SERVICES UNDER
TITLE EIGHT OF THIS CHAPTER pursuant to the student's patient specific
order. Every nebulizer shall be maintained in working order by the
school district or board of cooperative educational services that
provides school health services to the school building where the nebu-
lizer is located. NEBULIZERS AT SUCH LOCATIONS SHALL ALSO BE MADE
AVAILABLE TO PUBLIC AND PRIVATE SCHOOL STUDENTS WHO HAVE BEEN DIAGNOSED
BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH AN
ASTHMATIC CONDITION OR ANOTHER RESPIRATORY DISEASE TO SELF-ADMINISTER
INHALED MEDICATIONS THROUGH SUCH NEBULIZER TO ALLEVIATE RESPIRATORY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02521-01-5
A. 5197 2
SYMPTOMS OR TO PREVENT THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS
DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS
SUCH TERMS ARE DEFINED, RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF
SECTION ELEVEN OF THIS CHAPTER, WITH THE WRITTEN PERMISSION OF A PHYSI-
CIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER, AND WRITTEN PARENTAL
CONSENT. THE WRITTEN PERMISSION SHALL INCLUDE AN ATTESTATION BY THE
PHYSICIAN OR THE HEALTH CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE
PUPIL IS DIAGNOSED WITH ASTHMA OR ANOTHER RESPIRATORY DISEASE FOR WHICH
INHALED MEDICATIONS ARE PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR
TO PREVENT THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B)
THAT THE PUPIL HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER THE
PRESCRIBED INHALED MEDICATION THROUGH A NEBULIZER EFFECTIVELY. THE WRIT-
TEN PERMISSION SHALL ALSO INCLUDE THE NAME OF THE PRESCRIBED INHALED
MEDICATION, THE DOSE, THE TIMES WHEN THE MEDICATION IS TO BE TAKEN, THE
CIRCUMSTANCES WHICH MAY WARRANT THE USE OF THE MEDICATION AND THE LENGTH
OF TIME FOR WHICH THE NEBULIZER IS PRESCRIBED. IN ADDITION, ANY MEDICA-
TION PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION FOR
USE IN A NEBULIZER SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN
ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMIS-
SION OF THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
2. THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT RESPONSIBLE
FOR PROVIDING HEALTH SERVICES IN A SCHOOL, THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES IN THE CASE OF PROGRAMS UNDER ITS JURISDICTION, OR
A NON-PUBLIC SCHOOL MAY MAKE A NEBULIZER AVAILABLE ON SCHOOL PROPERTY
AND AT ANY SCHOOL FUNCTION AS SUCH TERMS MAY BE DEFINED, RESPECTIVELY,
BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS CHAPTER. ANY NEBU-
LIZER MADE AVAILABLE UNDER THIS SUBDIVISION MAY BE MADE AVAILABLE TO
PUBLIC AND PRIVATE SCHOOL STUDENTS WITH A PATIENT SPECIFIC ORDER, WHO
REQUIRE INHALED MEDICATIONS ADMINISTERED BY A NEBULIZER, PROVIDED,
HOWEVER, THAT NEBULIZERS SHALL BE ADMINISTERED BY A SCHOOL NURSE, PHYSI-
CIAN OR OTHER LICENSED PROFESSIONAL AUTHORIZED TO PROVIDE SUCH SERVICES
UNDER TITLE EIGHT OF THIS CHAPTER PURSUANT TO THE STUDENT'S PATIENT
SPECIFIC ORDER. EVERY NEBULIZER MADE AVAILABLE UNDER THIS SUBDIVISION
SHALL BE MAINTAINED IN WORKING ORDER BY THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES THAT PROVIDES SCHOOL HEALTH SERVICES;
PROVIDED, HOWEVER, THAT NON-PUBLIC SCHOOLS SHALL MAINTAIN IN WORKING
ORDER EVERY NEBULIZER PROVIDED BY A NON-PUBLIC SCHOOL. NEBULIZERS
PROVIDED BY THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES OR NON-PUBLIC SCHOOL SHALL ALSO BE MADE AVAILABLE TO PUBLIC AND
PRIVATE SCHOOL STUDENTS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR OTHER
DULY AUTHORIZED HEALTH CARE PROVIDER WITH AN ASTHMATIC CONDITION OR
ANOTHER RESPIRATORY DISEASE TO SELF-ADMINISTER INHALED MEDICATIONS
THROUGH SUCH NEBULIZER TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT
THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS DURING THE SCHOOL DAY
ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION AS SUCH TERMS ARE DEFINED,
RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF SECTION ELEVEN OF THIS
CHAPTER, WITH THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY
AUTHORIZED HEALTH CARE PROVIDER, AND WRITTEN PARENTAL CONSENT. THE WRIT-
TEN PERMISSION SHALL INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE
HEALTH CARE PROVIDER CONFIRMING THE FOLLOWING: (A) THE PUPIL IS DIAG-
NOSED WITH ASTHMA OR ANOTHER RESPIRATORY DISEASE FOR WHICH INHALED MEDI-
CATIONS ARE PRESCRIBED TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT
THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS; AND (B) THAT THE PUPIL
HAS DEMONSTRATED THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED
INHALED MEDICATION THROUGH A NEBULIZER EFFECTIVELY. THE WRITTEN PERMIS-
A. 5197 3
SION SHALL ALSO INCLUDE THE NAME OF THE PRESCRIBED INHALED MEDICATION,
THE DOSE, THE TIMES WHEN THE MEDICATION IS TO BE TAKEN, THE CIRCUM-
STANCES WHICH MAY WARRANT THE USE OF THE MEDICATION AND THE LENGTH OF
TIME FOR WHICH THE NEBULIZER IS PRESCRIBED. IN ADDITION, ANY MEDICATION
PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION FOR USE
IN A NEBULIZER SHALL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORD-
ANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF
THE PHYSICIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
3. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NON-
PUBLIC SCHOOL AND/OR THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR
FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR INJURY SUSTAINED BY A
PUPIL OR OTHER PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE
WITH THIS SECTION.
4. The commissioner shall be authorized to promulgate regulations for
the implementation of this section.
S 2. Section 2 of chapter 672 of the laws of 2007 amending the educa-
tion law relating to the maintenance of on-site nebulizers, is amended
to read as follows:
S 2. This act shall take effect September 1, 2007; provided, however,
that if upon such effective date, an appropriation to the education
department shall not have been made for FULL reimbursement of school
districts and boards of cooperative educational services for the
purposes of implementing the provisions of SUBDIVISION 1 OF section 919
of the education law, as added by section one of this act, then [this
act] SUBDIVISION 1 OF SECTION 919 OF THE EDUCATION LAW shall take effect
on the forty-fifth day after such an appropriation is made, and
provided, further, that the division of the budget shall notify the
legislative bill drafting commission on September 1, 2007 whether such
an appropriation has been made, and if such appropriation shall not have
been made on or before such date, the division of the budget shall noti-
fy the legislative bill drafting commission upon the date such an appro-
priation shall have been made, in order that the commission may maintain
an accurate and timely effective data base of the official text of the
laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
S 3. This act shall take effect immediately; provided however, that
the amendments to subdivision 1 of section 919 of the education law made
by section one of this act shall take effect on the same date and in the
same manner as such subdivision takes effect pursuant to chapter 672 of
the laws of 2007, as amended.