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.