Assembly Bill A6050A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6050
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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".
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 56 to read as follows:
   56.  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
 BE  REQUIRED  TO BE COMPLETED ON A BIENNIAL BASIS BY ALL SCHOOL COACHES,
 PHYSICAL EDUCATION TEACHERS, NURSES AND ATHLETIC TRAINERS. THE COURSE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06004-01-7

 A. 6050                             2
 
 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
 REGULATIONS  MAY  ALSO  BE  IMPLEMENTED  BY NONPUBLIC SCHOOLS IF THEY SO
 AUTHORIZE. NOTHING IN THIS SUBDIVISION SHALL PROHIBIT ANY PUBLIC  SCHOOL

 A. 6050                             3
 
 OR NONPUBLIC SCHOOL FROM ADOPTING AND IMPLEMENTING MORE STRINGENT STAND-
 ARDS.
   §  3.  Section 206 of the public health law is amended by adding a new
 subdivision 31 to read as follows:
   31. 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-SIX  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.
   §  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.