S T A T E O F N E W Y O R K
________________________________________________________________________
4876--A
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
___________
Introduced by M. of A. AUBRY, D'URSO, HYNDMAN, NIOU, ORTIZ, CAHILL,
L. ROSENTHAL, JAFFEE, BLAKE, SEAWRIGHT, THIELE, BARNWELL -- Multi-
Sponsored by -- M. of A. COOK, SIMON -- read once and referred to the
Committee on Education -- reported and referred to the Committee on
Ways and Means -- recommitted to the Committee on Ways and Means in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law and the education 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 pending or
increased risk 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 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 PENDING OR INCREASED RISK OF SUDDEN CARDIAC ARREST. SUCH INFOR-
MATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEFINITION OF SUDDEN
CARDIAC ARREST, SIGNS AND SYMPTOMS OF SUDDEN CARDIAC ARREST, AND GUIDE-
LINES FOR A STUDENT'S PARTICIPATION IN INTERSCHOLASTIC ATHLETICS AFTER
EXHIBITING SIGNS OR SYMPTOMS OF PENDING OR INCREASED RISK 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00016-03-0
A. 4876--A 2
§ 923. SUDDEN CARDIAC ARREST. A. 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 PEND-
ING OR INCREASED RISK OF SUDDEN CARDIAC ARREST. SUCH INFORMATION SHALL
BE POSTED ON THE DEPARTMENT'S WEBSITE. IN ADDITION, EACH SCHOOL SHALL BE
REQUIRED TO INCLUDE SUCH INFORMATION REVIEWED BY THE DEPARTMENT AND
DEVELOPED BY THE DEPARTMENT 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 WEBSITE, IF ONE EXISTS.
B. 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 SHALL 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 OR PERSONS IN PARENTAL RELATION. IN DEVELOPING SUCH
RULES AND REGULATIONS, THE COMMISSIONER SHALL CONSIDER INPUT FROM STAKE-
HOLDERS AND OTHER INTERESTED PARTIES INCLUDING, BUT NOT LIMITED TO,
PARENTS, TEACHERS, 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 skills
offered by [the American National Red Cross] A NATIONALLY RECOGNIZED
ORGANIZATION, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
THREE THOUSAND-B OF THE PUBLIC HEALTH LAW and approved by the commis-
sioner, or to meet equivalent requirements as certified by the commis-
sioner. Any such course of study or equivalent requirements must include
instruction in RECOGNIZING SIGNS AND SYMPTOMS OF PENDING OR INCREASED
RISK OF CARDIAC ARREST AND SUDDEN CARDIAC ARREST AND the administration
of adult cardiopulmonary resuscitation. 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
knowledge and skills are current pursuant to the requirements estab-
lished by [the American National Red Cross] A NATIONALLY RECOGNIZED
ORGANIZATION, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
THREE THOUSAND-B OF THE PUBLIC HEALTH LAW or that they meet equivalent
requirements 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
A. 4876--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 skills offered by [the American National Red
Cross] A NATIONALLY RECOGNIZED ORGANIZATION, AS DEFINED IN PARAGRAPH (D)
OF SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH LAW
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 PENDING OR INCREASED RISK OF CARDIAC ARREST AND SUDDEN CARDIAC ARREST
AND the administration of adult cardiopulmonary resuscitation. Prior to
the start of each sports season, coaches must provide valid evidence to
their chief school officer that their first aid and adult cardiopulmo-
nary resuscitation knowledge and skills are current pursuant to the
requirements established by [the American National Red Cross] A
NATIONALLY RECOGNIZED ORGANIZATION, AS DEFINED IN PARAGRAPH (D) OF
SUBDIVISION ONE OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH LAW 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. 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
to be made and completed on or before such effective date.