S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6053--A
                                                         Cal. No. 294
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2017
                                ___________
 
 Introduced  by  M.  of A. NOLAN, BENEDETTO, BLAKE, COLTON, COOK, D'URSO,
   GLICK, HYNDMAN, JAFFEE, ORTIZ, PHEFFER AMATO, SANTABARBARA, SEAWRIGHT,
   SEPULVEDA, SIMON, SIMOTAS, WILLIAMS -- Multi-Sponsored by -- M. of  A.
   BRAUNSTEIN,  ENGLEBRIGHT -- read once and referred to the Committee on
   Education -- reported and referred to the Committee on Ways and  Means
   --  advanced  to  a third reading, passed by Assembly and delivered to
   the Senate, recalled from the Senate, vote reconsidered, bill amended,
   ordered reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the education law and the public health law, in relation
   to a sepsis awareness, prevention and education program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known  and  may  be  cited as "Rory
 Staunton's law."
   § 2. Section 305 of the education law  is  amended  by  adding  a  new
 subdivision 56 to read as follows:
   56. A. THE COMMISSIONER SHALL CONSULT AND COLLABORATE WITH THE COMMIS-
 SIONER  OF  HEALTH  AND  ORGANIZATIONS  THAT  PROMOTE  SEPSIS AWARENESS,
 PREVENTION AND EDUCATION, AS WELL AS OTHER INTERESTED PARTIES, TO ESTAB-
 LISH AND DEVELOP A SEPSIS AWARENESS, PREVENTION  AND  EDUCATION  PROGRAM
 WITHIN THE DEPARTMENT. SUCH PROGRAM SHALL BE DEFINED BY THE COMMISSIONER
 IN  REGULATIONS  AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH AND BE
 DESIGNED TO EDUCATE STUDENTS, PARENTS AND SCHOOL PERSONNEL ABOUT  SEPSIS
 AWARENESS AND PREVENTION. SUCH PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (I)  AGE-APPROPRIATE MODEL CURRICULUM, EXEMPLAR LESSON PLANS, AND BEST
 PRACTICE  INSTRUCTIONAL  RESOURCES  FOR  STUDENTS,  PARENTS  AND  SCHOOL
 PERSONNEL  DESIGNED  TO PROMOTE AWARENESS AND PREVENTION METHODS AGAINST
 SEPSIS. SUCH MODEL CURRICULUM, LESSON PLANS AND INSTRUCTIONAL  RESOURCES
 SHALL   INCLUDE  BUT  NOT  BE  LIMITED  TO  GUIDELINES  AND  METHODS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10229-03-7

 A. 6053--A                          2
 
 PREVENTION, INCLUDING RECOMMENDATIONS FOR THE REDUCTION OF  EXPOSURE  TO
 SEPSIS AND AN APPROPRIATE COURSE OF ACTION FOR SEPSIS TREATMENT;
   (II)  INSTRUCTIONAL  TOOLS  AND  MATERIALS  FOR  STUDENTS, PARENTS AND
 SCHOOL PERSONNEL DEVELOPED IN COLLABORATION  WITH  THE  COMMISSIONER  OF
 HEALTH,  WHICH  SHALL  INCLUDE  UPDATED  DATA  AND INFORMATION ON SEPSIS
 AWARENESS AND PREVENTION, WITH A REVIEW OF SUCH DATA AND INFORMATION  TO
 OCCUR  PERIODICALLY, AT INTERVALS DEEMED APPROPRIATE BY THE COMMISSIONER
 AND THE COMMISSIONER OF HEALTH; AND
   (III) PUBLIC AVAILABILITY OF  ALL  MATERIALS  RELATED  TO  THE  SEPSIS
 AWARENESS,  PREVENTION  AND  EDUCATION PROGRAM ON A DEDICATED WEBPAGE ON
 THE DEPARTMENT'S INTERNET WEBSITE, AND PROVIDED  AT  NO  COST  TO  EVERY
 SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL SERVICES, CHARTER
 SCHOOL AND NONPUBLIC SCHOOL UPON REQUEST.
   B. THE COMMISSIONER SHALL ISSUE A GUIDANCE MEMORANDUM TO EVERY  SCHOOL
 DISTRICT,  BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL AND
 NONPUBLIC SCHOOL, TO INFORM THEM  OF  THE  AVAILABILITY  OF  THE  SEPSIS
 AWARENESS,  PREVENTION  AND  EDUCATION  PROGRAM AND TO ENCOURAGE THEM TO
 DEVELOP POLICIES AND PROCEDURES, IN CONSULTATION WITH THEIR DIRECTOR  OF
 SCHOOL  HEALTH  SERVICES, OR THE SUBSTANTIAL EQUIVALENT AS DETERMINED BY
 THE COMMISSIONER IN REGULATIONS, REGARDING WHEN PARENTS AND  PERSONS  IN
 PARENTAL  RELATIONS  ARE TO BE NOTIFIED OF ILLNESS OR INJURIES OCCURRING
 IN SCHOOL WHICH AFFECTS THEIR CHILD, IN ACCORDANCE WITH ARTICLE NINETEEN
 OF  THIS  CHAPTER.  THE  COMMISSIONER  SHALL  ANNUALLY   REMIND   SCHOOL
 DISTRICTS,  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOLS
 AND NONPUBLIC SCHOOLS, OF  THE  AVAILABILITY  OF  SEPSIS  AWARENESS  AND
 PREVENTION MATERIALS AS PART OF SEPSIS AWARENESS MONTH.
   § 3. Section 6505-b of the education law, as amended by chapter 477 of
 the laws of 2008, is amended to read as follows:
   § 6505-b. Course  work  or  training  in  infection control practices.
 Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
 optometrist  and  dental  hygienist practicing in the state shall, on or
 before July first, nineteen hundred ninety-four  and  every  four  years
 thereafter,  complete course work or training appropriate to the profes-
 sional's  practice  approved  by  the  department  regarding   infection
 control,  WHICH SHALL INCLUDE SEPSIS, and barrier precautions, including
 engineering and work practice controls, in  accordance  with  regulatory
 standards  promulgated  by  the  department,  in  consultation  with the
 department of health, which shall be consistent, as far as  appropriate,
 with  such  standards  adopted  by  the department of health pursuant to
 section two hundred thirty-nine of the public health law to prevent  the
 transmission  of  HIV, HBV [or], HCV AND SEPSIS in the course of profes-
 sional practice. Each such professional shall document to the department
 at the time of registration commencing with the first registration after
 July first, nineteen  hundred  ninety-four  that  the  professional  has
 completed  course  work  or  training  in  accordance with this section,
 provided, however that a professional subject to the provisions of para-
 graph (f) of subdivision one of section twenty-eight hundred  five-k  of
 the  public health law shall not be required to so document. The depart-
 ment shall provide an exemption from  this  requirement  to  anyone  who
 requests  such  an  exemption  and  who  (i) clearly demonstrates to the
 department's satisfaction that there would be no need for him or her  to
 complete  such  course  work or training because of the nature of his or
 her practice or (ii) that he or she has completed course work or  train-
 ing  deemed  by  the  department  to be equivalent to the course work or
 training approved by  the  department  pursuant  to  this  section.  The
 department   shall   consult   with   organizations   representative  of

 A. 6053--A                          3
 
 professions, institutions and those with expertise in infection  control
 and HIV, HBV [and], HCV AND SEPSIS with respect to the regulatory stand-
 ards promulgated pursuant to this section.
   §  4.  Subdivision  (a)  of  section  239 of the public health law, as
 amended by chapter 477 of the laws  of  2008,  is  amended  to  read  as
 follows:
   (a)  Every  physician,  physician  assistant  and specialist assistant
 practicing in the state shall, on or before July first, nineteen hundred
 ninety-four and every four years thereafter,  complete  course  work  or
 training,  appropriate  to  the professional's practice, approved by the
 department regarding infection control, WHICH SHALL INCLUDE SEPSIS,  and
 barrier  precautions,  including engineering and work practice controls,
 in accordance with regulatory standards promulgated by the department in
 consultation with the department of education,  to  prevent  the  trans-
 mission  of  HIV, HBV [or], HCV AND SEPSIS in the course of professional
 practice. Such coursework or training must also be  completed  by  every
 medical student, medical resident and physician assistant student in the
 state  as part of the orientation programs conducted by medical schools,
 medical residency programs and physician assistant programs.
   § 5. Every dentist, registered nurse, licensed practical nurse, podia-
 trist, optometrist, dental hygienist, physician, physician assistant and
 special assistant practicing in the state who is  required  to  complete
 course  work  or  training  that  includes sepsis as required by section
 6505-b of the education law or subdivision (a) of  section  239  of  the
 public  health  law shall first be required to complete such course work
 or training that includes such topics on or before July 1, 2022.
   § 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, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made  or  completed  on  or  before  such
 effective date.