Senate Bill S1297B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1297
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
   when printed to be committed 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

 S. 1297                             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

 S. 1297                             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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1297--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced by Sens. MARCELLINO, KENNEDY -- read twice and ordered print-
   ed,  and when printed to be committed to the Committee on Education --
   recommitted to the Committee on Education in  accordance  with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the public health law,  in  relation  to  directing  the
   commissioner  of health to develop information related to students who
   exhibit signs or symptoms of sudden cardiac arrest and in relation  to
   requiring  the  department  of  health  to  post information regarding
   sudden cardiac arrest on such department's website; and to  amend  the
   education law, in relation to requiring the department of education to
   post  information regarding sudden cardiac arrest on such department's
   website, requiring the development of parental relation  consent  form
   or similar document that may be required for a student's participation
   in  interscholastic athletics, requiring the commissioner of education
   to promulgate rules and regulations that authorize school districts to
   establish a sudden  cardiac  arrest  management  team,  and  requiring
   instruction  in  CPR-AED skills for coaches of high school extra-class
   public and nonpublic school athletic activities
 
   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 206 of the public health law is amended by adding  a  new
 subdivision 31 to read as follows:
   31. THE COMMISSIONER SHALL DEVELOP INFORMATION THAT IS REVIEWED BY THE
 COMMISSIONER OF EDUCATION RELATED TO STUDENTS WHO EXHIBIT SIGNS OR SYMP-
 TOMS  OF  SUDDEN CARDIAC ARREST. SUCH INFORMATION SHALL INCLUDE, BUT NOT
 BE LIMITED TO, THE DEFINITION OF SUDDEN CARDIAC ARREST, SIGNS AND  SYMP-
 TOMS  OF  SUDDEN  CARDIAC ARREST, AND GUIDELINES FOR A STUDENT'S PARTIC-
 IPATION IN INTERSCHOLASTIC ATHLETICS AFTER EXHIBITING SIGNS OR  SYMPTOMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06004-05-8

 S. 1297--A                          2
 
 OF  SUDDEN  CARDIAC  ARREST.  SUCH  INFORMATION  SHALL  BE POSTED ON THE
 DEPARTMENT'S WEBSITE.
   §  3. The education law is amended by adding a new section 923 to read
 as follows:
   § 923. SUDDEN CARDIAC ARREST. 1. THE  COMMISSIONER  SHALL  REVIEW  THE
 INFORMATION DEVELOPED BY THE COMMISSIONER OF HEALTH REQUIRED BY SUBDIVI-
 SION  THIRTY-ONE  OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW TO
 ASSIST IN THE EDUCATION AND AWARENESS  OF  THE  SIGNS  AND  SYMPTOMS  OF
 SUDDEN  CARDIAC  ARREST. SUCH INFORMATION SHALL BE POSTED ON THE DEPART-
 MENT'S WEBSITE. IN ADDITION, EACH SCHOOL SHALL BE  REQUIRED  TO  INCLUDE
 SUCH INFORMATION REVIEWED BY THE DEPARTMENT AND DEVELOPED BY THE DEPART-
 MENT  OF  HEALTH  IN ANY PERMISSION FORM OR PARENT OR PERSON IN PARENTAL
 RELATION CONSENT FORM OR SIMILAR DOCUMENT THAT MAY  BE  REQUIRED  FOR  A
 STUDENT'S  PARTICIPATION  IN  INTERSCHOLASTIC  ATHLETICS  AND SHALL ALSO
 INCLUDE SUCH INFORMATION, OR REFERENCE HOW TO  OBTAIN  SUCH  INFORMATION
 FROM  THE  DEPARTMENT  AND  THE  DEPARTMENT OF HEALTH'S WEBSITES, ON THE
 SCHOOL'S INTERNET WEBSITE.
   2. THE  COMMISSIONER  SHALL  PROMULGATE  RULES  AND  REGULATIONS  THAT
 AUTHORIZE  SCHOOL  DISTRICTS, IN THEIR DISCRETION, TO ESTABLISH A SUDDEN
 CARDIAC ARREST MANAGEMENT TEAM. SUCH MANAGEMENT TEAM MAY BE COMPOSED  OF
 AN ATHLETIC DIRECTOR, A SCHOOL NURSE, A SCHOOL PHYSICIAN, A COACH OF THE
 INTERSCHOLASTIC TEAM, AN ATHLETIC TRAINER OR OTHER APPROPRIATE PERSONNEL
 AS  DESIGNATED BY THE SCHOOL OR SCHOOL DISTRICT. PROVIDED FURTHER, EVERY
 SUDDEN CARDIAC ARREST MANAGEMENT TEAM  MAY  ESTABLISH  AND  IMPLEMENT  A
 PROGRAM  THAT  ANNUALLY PROVIDES INFORMATION ON SUDDEN CARDIAC ARREST TO
 PARENTS AND PERSONS IN PARENTAL RELATION.  IN DEVELOPING SUCH RULES  AND
 REGULATIONS, THE COMMISSIONER SHALL CONSIDER INPUT FROM STAKEHOLDERS AND
 OTHER  INTERESTED PARTIES INCLUDING, BUT NOT LIMITED TO, PARENTS, TEACH-
 ERS, STUDENTS, SCHOOL ADMINISTRATORS, SCHOOL ATHLETIC TRAINERS, 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.
   § 4. Subdivision 1 of section 3001-b of the education law, as added by
 chapter 498 of the laws of 1991, is amended to read as follows:
   1. On and after the effective date of this section, in addition to any
 provision of law or rule or regulation of the department related to  the
 requirements  necessary  for  teachers within the public school systems,
 whether certified in physical education or not, to coach any extra-class
 athletic activity, it shall be required  of  such  teachers,  except  as
 provided in subdivision two of this section, to hold a valid certificate
 of  completion  of  a course of study in first aid knowledge and CPR-AED
 skills [offered by the American National Red Cross and] approved by  the
 commissioner,  or  to  meet  equivalent requirements as certified by the
 commissioner. Any such course of study or equivalent  requirements  must
 include  instruction in RECOGNIZING SIGNS AND SYMPTOMS OF CARDIAC ARREST
 AND SUDDEN CARDIAC ARREST AND the administration of [adult  cardiopulmo-
 nary  resuscitation]  CPR-AED  SKILLS. Prior to the start of each sports
 season, coaches must provide valid evidence to their chief school  offi-
 cer  that  their first aid and adult cardiopulmonary resuscitation know-
 ledge and skills are current pursuant to the requirements established by
 the American National Red Cross or that they  meet  equivalent  require-
 ments as certified by the commissioner.
   § 5. Subdivision 1 of section 3001-c of the education law, as added by
 chapter 39 of the laws of 1994, is amended to read as follows:
   1.  On  and  after  the  effective  date  of this section, it shall be
 required of coaches of high school extra-class athletic activities in  a

 S. 1297--A                          3
 
 nonpublic  school  system, except as provided in subdivision two of this
 section, to hold a valid certificate of completion of a course of  study
 in  first  aid  knowledge  and  CPR-AED  skills [offered by the American
 National Red Cross and] approved by the commissioner[, or to meet equiv-
 alent requirements as certified by the commissioner]. Any such course of
 study or equivalent requirements must include instruction in [the admin-
 istration  of adult cardiopulmonary resuscitation] RECOGNIZING SIGNS AND
 SYMPTOMS OF CARDIAC ARREST AND SUDDEN CARDIAC ARREST. Prior to the start
 of each sports season, coaches must  provide  valid  evidence  to  their
 chief  school  officer  that  their first aid and [adult cardiopulmonary
 resuscitation] CPR-AED knowledge and skills are current pursuant to  the
 requirements established by the American National Red Cross or that they
 meet equivalent requirements as certified by the commissioner.
   §  6.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law; provided,  however,  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.