Senate Bill S7766

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7766
 
                             I N  S E N A T E
 
                             February 21, 2018
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN  ACT  to amend the education law, in relation to administering asthma
   rescue medications and authorizing schools to possess  and  administer
   asthma rescue medications in emergency situations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section  6527  of  the  education  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
   §  2. Subdivision 4 of section 6909 of the education law is amended by
 adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
   § 3. Section 916 of the education law, as amended by  chapter  423  of
 the laws of 2014, is amended to read as follows:
   §  916.  Pupils  with  asthma or another respiratory disease requiring
 rescue inhaler treatment. 1. The board of education or trustees of  each
 school  district,  INCLUDING  THE  BOARD OF EDUCATION OF THE CITY OF NEW
 YORK, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14183-03-8

 S. 7766                             2
 
 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,
 upon the written request of a parent or person in parental relation, the
 board of education or trustees of a school district, INCLUDING THE BOARD
 OF  EDUCATION  OF  THE CITY OF NEW YORK, and board of cooperative educa-
 tional services shall allow such pupils to maintain an extra such inhal-
 er in the care and custody of  a  licensed  nurse,  nurse  practitioner,
 physician assistant, or physician employed by such district, THE CITY OF
 NEW  YORK,  or  board  of cooperative educational services, and shall be
 readily accessible to such pupil. Nothing in this section shall  require
 a  school district, THE CITY OF NEW YORK, or board of cooperative educa-
 tional services to retain a licensed nurse, nurse  practitioner,  physi-
 cian 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, BOARD OF  EDUCATION  OF
 THE  CITY  OF  NEW YORK'S, or board of cooperative educational services'
 policy and the orders prescribed in the written permission of the physi-
 cian or other authorized health care provider.
   2. (A) SCHOOL DISTRICTS, BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES,
 COUNTY  VOCATIONAL  EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND
 NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN THIS  STATE  MAY  PROVIDE
 AND MAINTAIN ON-SITE IN EACH INSTRUCTIONAL SCHOOL FACILITY ASTHMA RESCUE
 MEDICATIONS  IN  QUANTITIES  AND  TYPES  DEEMED  BY THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF HEALTH, AND FOR THE  CITY  OF  NEW
 YORK, THE COMMISSIONER OF HEALTH OF THE CITY OF NEW YORK, TO BE ADEQUATE
 TO ENSURE READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
   (B) EVERY PARENT OR GUARDIAN OF A PUPIL WHO IS ADMINISTERED SUCH ASTH-
 MA RESCUE MEDICATIONS SHALL BE NOTIFIED IN WRITING OF SUCH INCIDENT. THE
 REQUIRED CONTENT OF SUCH NOTIFICATION SHALL BE DETERMINED BY THE COMMIS-
 SIONER,  IN  CONSULTATION  WITH  THE COMMISSIONER OF HEALTH, AND FOR THE
 CITY OF NEW YORK, THE COMMISSIONER OF HEALTH OF THE CITY  OF  NEW  YORK,
 AND SHALL AT A MINIMUM INCLUDE:
   (I)  A  RECOMMENDATION  THAT SUCH PUPIL BE EVALUATED BY A PHYSICIAN OR
 OTHER DULY AUTHORIZED HEALTH CARE PROVIDER TO DETERMINE  IF  SUCH  PUPIL
 HAS AN ASTHMATIC CONDITION OR ANOTHER RESPIRATORY DISEASE; AND
   (II) A RECOMMENDATION THAT IF SUCH PUPIL IS DIAGNOSED WITH SUCH CONDI-
 TION  OR  DISEASE THAT THE PARENT OR GUARDIAN TAKE THE ACTIONS NECESSARY
 TO ENSURE THE PUPIL MAY RECEIVE ASTHMA CONTROLLER MEDICATIONS AND ASTHMA
 RESCUE MEDICATIONS IN SCHOOL. IF THE PUPIL IS ABLE  TO  SELF-CARRY,  THE
 PARENT  OR  GUARDIAN TAKE THE ACTIONS NECESSARY UNDER SUBDIVISION ONE OF
 THIS SECTION FOR SUCH PUPIL 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, RESPECTIVELY, BY SUBDIVISIONS  ONE  AND  TWO  OF
 SECTION ELEVEN OF THIS CHAPTER.

 S. 7766                             3
 
   3.  A school district, INCLUDING THE BOARD OF EDUCATION OF THE CITY OF
 NEW YORK, 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.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.