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

                                  4216

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER,  JAFFEE,  OTIS, ROSENTHAL, PERRY,
  COLTON, HOOPER, COOK -- Multi-Sponsored by -- M. of A. ARROYO, CAMARA,
  LUPINACCI, McKEVITT,  RAIA,  RIVERA,  SCARBOROUGH  --  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 53 to read as follows:
  53. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08005-01-5
              

A. 4216                             2

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
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

A. 4216                             3

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.
  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-THREE  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.

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

                                 4216--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER,  JAFFEE,  OTIS, ROSENTHAL, PERRY,
  COLTON, HOOPER, COOK -- Multi-Sponsored by -- M. of A.  ARROYO,  LUPI-
  NACCI, McKEVITT, RAIA, RIVERA -- read once and referred to the Commit-
  tee  on  Education  --  recommitted  to  the Committee on Education in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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 55 to read as follows:
  55.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08005-02-6
              

A. 4216--A                          2

  (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
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.

A. 4216--A                          3

  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.
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 30 to read as follows:
  30.  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-FIVE 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.