NY State Senate Bill 2017-S5579

Senate Bill S5579

2017-2018 Legislative Session

Provides for the treatment in school of pupils with adrenal insufficiency by injection of hydrocortisone sodium succinate

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Apr 18, 2017	referred to education

2017-S5579 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §§902-c & 916-c, amd §921, Ed L

2017-S5579 (ACTIVE) - Summary

Provides for the treatment in school of pupils with adrenal insufficiency by injection of hydrocortisone sodium succinate; authorizes licensed health care professionals to inject such pupils in school with such medication in accordance with a prescription and parental consent; authorizes pupils with adrenal insufficiency to carry and use hydrocortisone sodium succinate in accordance with a prescription and parental consent, and keep a supply of such medication in the school health office; and authorizes unlicensed school personnel, who are trained, to administer such medication in an emergency.

2017-S5579 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5579

 TITLE OF BILL :

An act to amend the education law, in relation to health services to
pupils with adrenal insufficiency

 PURPOSE :

This bill provides for treatment in school of pupils with adrenal
insufficiency

 SUMMARY OF PROVISIONS :

Section one amends the education law by adding two new section 902-c
and 916-c. Section 902c allows school boards to authorize licensed
health care providers to train unlicensed school personnel to inject
prescribed hydrocortisone sodium succinate in an emergency where a
licensed health care provider is not available. School districts shall
not be financially or legally liable for compliance with these
provisions.

Section 916-c allows students who have been diagnosed with adrenal
insufficiency to carry and use prescribed equipment and medications at
school and school functions with parental consent and written
permission of their health care provider. Additionally, this section

allows students to maintain extra medication in the care and custody
of a health care professional employed by the school. School districts
shall not be financially or legally liable for compliance with these
provisions.

Section two amends section 921 of the education law to add
hydrocortisone sodium succinate, the medication prescribed to treat
adrenal insufficiency, to the list of medications a licensed care
provider is permitted to train unlicensed school personnel to
administer in an emergency situation.

Section three establishes the effective date.

 JUSTIFICATION :

Adrenal insufficiency is a disorder in which the adrenal glands fail
to produce sufficient amounts of steroid hormones, such as the stress
hormone cortisol. Inadequate levels of adrenal hormones can result in
an adrenal crisis, which may be life threatening without proper
immediate treatment. Adrenal crisis can lead to severe health
consequences, including hypoglycemia, extremely low blood pressure,
vomiting, diarrhea, dehydration, pain in the lower back, abdomen or
legs and loss of consciousness. Additionally, stress, fatigue and
illnesses such as the common cold or an ear infection could also lead
to adrenal crisis in children with adrenal insufficiency.

Children with adrenal insufficiency require monitoring due to the
difficulty in detecting the onset of an adrenal crisis. If not treated
immediately, symptoms such as vomiting and diarrhea, will make oral
medications unusable, and require rushing the child to the hospital
for an injectable dose of the medication. This bill would alleviate
these concerns by allowing students to carry and use prescribed
equipment and medications at school and school functions.  It would
also allow school districts to authorize licensed health care
providers to train unlicensed school personnel to inject prescribed
hydrocortisone sodium succinate in an emergency where a licensed
health care provider is unavailable. School districts will not be
legally or financially liable for complying with these provisions.
This piece of legislation will ensure that children with adrenal
insufficiency will have access to their life saving medication.
 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
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, the addition, amendment and/or repeal of any rule or
regulation necessary to implement the provisions of this act on its
effective date are authorized and directed to be made and completed on
or before such date.

2017-S5579 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5579
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  health  services  to
   pupils with adrenal insufficiency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by  adding  two  new  sections
 902-c and 916-c to read as follows:
   § 902-C. TREATMENT OF STUDENTS DIAGNOSED WITH ADRENAL INSUFFICIENCY BY
 SCHOOL  PERSONNEL.  1.  LICENSED  NURSES, NURSE PRACTITIONERS, PHYSICIAN
 ASSISTANTS, OR PHYSICIANS EMPLOYED BY  SCHOOL  DISTRICTS  OR  BOARDS  OF
 COOPERATIVE  EDUCATIONAL SERVICES ARE AUTHORIZED TO CALCULATE PRESCRIBED
 HYDROCORTISONE SODIUM SUCCINATE DOSAGES, INJECT  PRESCRIBED  HYDROCORTI-
 SONE  SODIUM  SUCCINATE, TEACH AN UNLICENSED PERSON TO ADMINISTER HYDRO-
 CORTISONE SODIUM SUCCINATE TO AN INDIVIDUAL, AND PERFORM  OTHER  AUTHOR-
 IZED  SERVICES  PURSUANT  TO  THE  SCOPE  OF  PRACTICE  OF  THE LICENSED
 INDIVIDUAL UNDER TITLE VIII OF THIS CHAPTER, TO PUPILS WHO HAVE RECEIVED
 WRITTEN PERMISSION BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE  PROVID-
 ER,  AND WRITTEN PARENTAL CONSENT TO CARRY AND USE HYDROCORTISONE SODIUM
 SUCCINATE PURSUANT TO SECTION NINE HUNDRED SIXTEEN-C  OF  THIS  ARTICLE,
 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. NOTHING IN THIS SECTION SHALL AUTHORIZE
 UNLICENSED PERSONS TO PERFORM THESE SERVICES EXCEPT AS OTHERWISE PERMIT-
 TED BY SECTION NINE HUNDRED TWENTY-ONE OF THIS ARTICLE.
   2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES 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.
   §  916-C. PUPILS WITH ADRENAL INSUFFICIENCY. 1. THE BOARD OF EDUCATION
 OR TRUSTEES OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04051-01-7

 S. 5579                             2
 
 SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED WITH ADRENAL  INSUF-
 FICIENCY TO CARRY AND USE HYDROCORTISONE SODIUM SUCCINATE THROUGH APPRO-
 PRIATE  MEDICATION  DELIVERY  DEVICES AND EQUIPMENT,  AS PRESCRIBED BY A
 PHYSICIAN  OR  OTHER  DULY  AUTHORIZED  HEALTH CARE PROVIDER, 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 PARENTAL CONSENT AND THE WRITTEN PERMISSION OF A
 PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER.    THE  WRITTEN
 PERMISSION  SHALL  INCLUDE AN ATTESTATION BY THE PHYSICIAN OR THE HEALTH
 CARE PROVIDER CONFIRMING THE FOLLOWING: (A)  THE  PUPIL'S  DIAGNOSIS  OF
 ADRENAL INSUFFICIENCY MAKES THE DELIVERY OF HYDROCORTISONE SODIUM SUCCI-
 NATE  THROUGH  APPROPRIATE MEDICATION DELIVERY DEVICES DURING THE SCHOOL
 DAY ON SCHOOL PROPERTY OR AT ANY SCHOOL FUNCTION NECESSARY; AND (B) THAT
 THE PUPIL HAS DEMONSTRATED  THAT  HE  OR  SHE  CAN  SELF-ADMINISTER  THE
 PRESCRIBED HYDROCORTISONE SODIUM SUCCINATE EFFECTIVELY AND CAN INDEPEND-
 ENTLY  FOLLOW  THE TREATMENT ORDERS PRESCRIBED BY THE PHYSICIAN OR OTHER
 AUTHORIZED HEALTH CARE PROVIDER IN THE WRITTEN PERMISSION.  THE  WRITTEN
 PERMISSION  SHALL IDENTIFY PRESCRIBED HYDROCORTISONE SODIUM SUCCINATE TO
 BE USED BY THE PUPIL AT SCHOOL AND/OR DURING SCHOOL FUNCTIONS. IF HYDRO-
 CORTISONE SODIUM SUCCINATE IS PRESCRIBED, THE WRITTEN  PERMISSION  SHALL
 INCLUDE  THE  DOSE  OR  DOSE RANGE AND THE TYPE OF HYDROCORTISONE SODIUM
 SUCCINATE DELIVERY SYSTEM AND ANY OTHER INFORMATION  PRESCRIBED  BY  THE
 COMMISSIONER  IN REGULATION, AFTER CONSULTATION WITH THE COMMISSIONER OF
 HEALTH. A RECORD OF SUCH CONSENT AND PERMISSION SHALL BE  MAINTAINED  IN
 THE  STUDENT'S  CUMULATIVE  HEALTH RECORD. IN ADDITION, UPON THE WRITTEN
 REQUEST OF A PARENT OR PERSON IN PARENTAL RELATION, THE BOARD OF  EDUCA-
 TION  OR  TRUSTEES  OF A SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCA-
 TIONAL SERVICES SHALL ALLOW SUCH PUPILS TO MAINTAIN EXTRA HYDROCORTISONE
 SODIUM SUCCINATE AND A DELIVERY SYSTEM  AND  RELATED  SUPPLIES  USED  TO
 TREAT  SUCH  PUPIL'S  ADRENAL INSUFFICIENCY IN THE CARE AND CUSTODY OF A
 LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN  ASSISTANT,  OR  PHYSICIAN
 EMPLOYED  BY SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 AND SHALL BE READILY ACCESSIBLE TO SUCH PUPIL. 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
 EXTRA HYDROCORTISONE SODIUM SUCCINATE AND A DELIVERY SYSTEM AND  RELATED
 SUPPLIES  USED  TO  TREAT SUCH PUPIL'S ADRENAL INSUFFICIENCY, 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 EXTRA HYDROCORTISONE SODIUM SUCCINATE AND A DELIV-
 ERY SYSTEM  AND  RELATED  SUPPLIES.  IN  ADDITION,  THE  MEDICATION  AND
 DEVICES,  EQUIPMENT  AND  SUPPLIES  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.
   2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES 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.
   § 2. Subdivision 1 of section 921 of the education law,  as  added  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  and  nonpublic  schools  are
 authorized,  but  not obligated to have licensed registered professional

 S. 5579                             3
 
 nurses, nurse practitioners, physician assistants, and physicians  train
 unlicensed  school  personnel to inject prescribed glucagon, HYDROCORTI-
 SONE SODIUM SUCCINATE or epinephrine auto injectors in  emergency  situ-
 ations,  where  an  appropriately  licensed  health  professional is not
 available, to pupils who have the written permission of a  physician  or
 other  duly  authorized  health  care provider for the administration of
 injectable  glucagon,  HYDROCORTISONE  SODIUM  SUCCINATE  or   emergency
 epinephrine  auto  injector, along with written parental consent, 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. Training must be  provided  by  a  physician  or
 other  duly  authorized licensed health care professional in a competent
 manner and must be completed in a form  and  manner  prescribed  by  the
 commissioner in regulation.
   §  3.  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,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary to implement the provisions of this act on  its  effec-
 tive  date  are  authorized  and directed to be made and completed on or
 before such date.

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