S T A T E O F N E W Y O R K
________________________________________________________________________
5915
2015-2016 Regular Sessions
I N S E N A T E
June 11, 2015
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to rescue inhalers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 916 of the education law, as
amended by chapter 423 of the laws of 2014, is amended to read as
follows:
1. The board of education or trustees of each school district and
board of cooperative educational services shall allow pupils who have
been diagnosed by a physician or other duly authorized health care
provider with an asthmatic condition or another respiratory disease to
carry and use a prescribed inhaler and self-administer inhaled rescue
medications 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, respec-
tively, 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 written permis-
sion shall include an attestation by the physician or the health care
provider confirming the following: (a) the pupil is diagnosed with asth-
ma or another respiratory disease for which inhaled rescue 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
rescue medication effectively. The written permission shall also
include the name of the prescribed inhaled rescue 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 inhaler is prescribed. A record of such consent and permission shall
be maintained in the student's cumulative health record. In addition,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11518-02-5
S. 5915 2
upon the written request of a parent or person in parental relation, the
board of education or trustees of a school district and board of cooper-
ative educational services shall allow such pupils to maintain an extra
such inhaler in the care and custody of a licensed nurse, nurse practi-
tioner, physician assistant, or physician employed by such district or
board of cooperative educational services, and shall be readily accessi-
ble to such pupil. PROVIDED FURTHER THAT SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES MAY PURCHASE RESCUE INHALERS TO BE MADE
AVAILABLE TO STUDENTS IN ACCORDANCE WITH THIS SECTION, IF PURCHASED SUCH
ENTITY SHALL ENSURE THAT THE RESCUE INHALER IS MAINTAINED IN GOOD WORK-
ING ORDER. Nothing in this section shall require a school district or
board of cooperative educational services to retain a licensed nurse,
nurse practitioner, physician assistant, or physician solely for the
purpose of taking custody of a spare inhaler for the treatment of asthma
or a respiratory disease requiring rescue medication treatment, or
require that a licensed nurse, nurse practitioner, physician assistant,
or physician be available at all times in a school building for the
purpose of taking custody of the inhaler. In addition, the medication
provided by the pupil's parents or persons in parental relation shall be
made available to the pupil as needed in accordance 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.
S 2. This act shall take effect on the same date and in the same
manner as section 1 of chapter 423 of the laws of 2014, takes effect.