NY State Senate Bill 2015-S7986

Senate Bill S7986

2015-2016 Legislative Session

Requires public schools to display a poster depicting first aid procedures used to treat a person who is choking

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	referred to education

co-Sponsors

2015-S7986 (ACTIVE) - Details

See Assembly Version of this Bill:: A4137
Current Committee:: Senate Education
Law Section:: Public Health Law
Laws Affected:: Add §409-l, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1505, A596
2019-2020: S1690, A829

2015-S7986 (ACTIVE) - Summary

Requires public schools to display a poster depicting first aid procedures used to treat a person who is choking.

2015-S7986 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7986          REVISED MEMO 06/09/2016

 TITLE OF BILL :  An act to amend the education law, in relation to
requiring public schools to display a poster depicting the first aid
procedures used to treat upper airway obstructions by foreign objects

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is expand the choking prevention
requirements of J.T.'s Law by requiring that public schools display a
poster depicting the first aid procedures used to treat upper airway
obstructions by foreign objects.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one is the legislative intent.

Section two amends education law by adding a new section 409-1.

Section three sets forth the effective date.

 JUSTIFICATION :

In 2008, the NY legislature enacted JT's Law - Child Food Choking
Prevention Act named after a three-year-old boy who choked to death on
a hot dog in 2003. JT's Law requires the New York State Department of

Health to determine which foods create a heightened choking risk to
children and to make this information as well as other choking
prevention measures available to the public. As recently as October
2015, a first grade Brooklyn, NY student choked to death on a sandwich
in front of peers and adults who were ill-equipped to intervene and
perform lifesaving first aid procedures. In this and other tragic
cases, precious time was lost trying to locate an individual trained
to administer first aid procedures to treat upper airway obstructions
by foreign objects, and time may often mean the difference between
life and death.

In an effort to enhance the efforts of JT's Law, this legislation will
require that all public schools display a poster graphically depicting
the first aid procedures used to treat upper airway obstructions by
foreign objects to facilitate and perform this lifesaving emergency
procedure.

Such posters must be visible in every location within schools where
food is sold and in spaces designated specifically as eating areas,
including but not limited to cafeterias.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred and eightieth day after
it shall have become a law; provided, however, that effective
immediately, the commissioner of education is authorized to promulgate
any and all rules and regulations and take any other measures
necessary to implement this act on its effective date on or before
such date.

2015-S7986 (ACTIVE) - Bill Text download pdf

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

                                  7986

                            I N  S E N A T E

                              June 2, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  requiring  public
  schools to display a poster depicting the first aid procedures used to
  treat upper airway obstructions by foreign objects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. It is important that teachers, adminis-
trators and students in the state of New York are  well  informed  about
first  aid  responses  to  treat  upper  airway  obstructions by foreign
objects as it is reported that at least one child dies from  choking  on
food every five days in the United States, and more than 10,000 children
are  taken to a hospital emergency room each year for food-choking inju-
ries. It is the intent of this legislature to help prevent future deaths
resulting from  upper  airway  obstructions  by  expanding  the  choking
prevention requirement of section 2500-i of the public health law, known
as J.T.'s Law, by requiring public schools to post a visible poster that
graphically  depicts the first aid procedures used to treat upper airway
obstructions caused by food or foreign objects.
  S 2. The education law is amended by adding a  new  section  409-l  to
read as follows:
  S  409-L.  CHOKING  POSTER.  1.  EVERY PUBLIC SCHOOL INCLUDING CHARTER
SCHOOLS SHALL POST A VISIBLE POSTER GRAPHICALLY DEPICTING THE FIRST  AID
PROCEDURES  USED  TO  TREAT  UPPER AIRWAY OBSTRUCTIONS CAUSED BY FOOD OR
FOREIGN OBJECTS, INCLUDING BUT NOT  LIMITED  TO  BACK  BLOWS,  ABDOMINAL
THRUSTS AND CHEST COMPRESSIONS.
  2.  THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH RELATING  TO  THE  POSTING  REQUIRED  BY
SUBDIVISION  ONE  OF THIS SECTION.   SUCH RULES AND REGULATIONS SHALL BE
CONSISTENT WITH THE PROVISIONS OF SECTION TWO THOUSAND FIVE HUNDRED-I OF
THE PUBLIC HEALTH LAW RELATED TO CHILD  FOOD  CHOKING  PREVENTION.  SUCH
RULES  AND  REGULATIONS SHALL REQUIRE THAT A POSTER BE DISPLAYED IN EACH
ESTABLISHMENT WHERE FOOD IS SOLD AND IN SPACES  DESIGNATED  SPECIFICALLY
AS  EATING  AREAS,  INCLUDING  BUT  NOT LIMITED TO SCHOOL CAFETERIAS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD06926-06-6

S. 7986                             2

PROVIDED FURTHER THAT SUCH POSTER SHALL BE APPROVED BY THE  COMMISSIONER
OF HEALTH IN CONSULTATION WITH THE COMMISSIONER.
  3. NOTHING CONTAINED IN THIS SECTION SHALL IMPOSE ANY AFFIRMATIVE DUTY
TO  ACT IN COMPLIANCE WITH THE POSTER. A SCHOOL DISTRICT, BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES AND/OR  THEIR  EMPLOYEES  OR  OTHER  PERSON
SHALL  INCUR  NO LEGAL OR FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR
INJURY SUSTAINED BY A STUDENT OR OTHER PERSON CAUSED BY  REASONABLE  AND
GOOD FAITH COMPLIANCE WITH THIS SECTION.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  commissioner  of education is authorized to promulgate any and
all rules and regulations and  take  any  other  measures  necessary  to
implement this act on its effective date on or before such date.

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Senate Bill S7986

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Sponsored By

Tony Avella