The New York State Senate

                    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.