NY State Senate Bill 2019-S1690

Senate Bill S1690

2019-2020 Legislative Session

Requires public schools to display a poster depicting first aid procedures used to treat a person who is choking

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Jan 15, 2019	referred to education

2019-S1690 (ACTIVE) - Details

See Assembly Version of this Bill:: A829
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §409-m, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7986, A4137
2017-2018: S1505, A596

2019-S1690 (ACTIVE) - Summary

Requires public schools to display a poster depicting first aid procedures used to treat a person who is choking.

2019-S1690 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1690

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring public
schools to display a poster depicting the first aid procedures used to
treat upper airway obstructions by foreign objects

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is expand the choking prevention
requirements of 7.T.'s Law by requiring that public schools display a
poster depicting the first aid procedures used to treat upper airway
obstructions by foreign objects.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one is the legislative intent.

Section two amends education law by adding a new section 409-m.

Section three sets forth the effective date.

 
JUSTIFICATION:

In 2008, the NY legislature enacted JT's Law - Child Food Choking
Prevention Act named after a three-year-old boy who choked to death on a
hot dog in 2003. TT's Law requires the New York State Department of
Health to determine which foods create a heightened choking risk to
children and to make this information as well as other choking
prevention measures available to the public. As recently as October
2015, a first grade Brooklyn, NY student choked to death on a sandwich
in front of peers and adults who were ill-equipped to intervene and
perform lifesaving first aid procedures. In this and other tragic cases,
precious time was lost trying to locate an individual trained to admin-
ister first aid procedures to treat upper airway obstructions by foreign
objects, and time may often mean the difference between life and death.

In an effort to enhance the efforts of JT's Law, this legislation will
require that all public schools display a poster graphically depicting
the first aid procedures used to treat upper airway obstructions by
foreign objects to facilitate and perform this lifesaving emergency
procedure.

Such posters must be visible in every location within schools where food
is sold and in spaces designated specifically as eating areas, including
but not limited to cafeterias.

 
PRIOR LEGISLATIVE HI TORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and eightieth day after it
shall have become a law; provided, however, that effective immediately,
the commissioner of education is authorized to promulgate any and all
rules and regulations and take any other measures necessary to implement
this act on its effective date on or before such date.

2019-S1690 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1690
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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  requiring  public
   schools to display a poster depicting the first aid procedures used to
   treat upper airway obstructions by foreign objects

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It is important that teachers, adminis-
 trators and students in the state of New York are  well  informed  about
 first  aid  responses  to  treat  upper  airway  obstructions by foreign
 objects as it is reported that at least one child dies from  choking  on
 food every five days in the United States, and more than 10,000 children
 are  taken to a hospital emergency room each year for food-choking inju-
 ries. It is the intent of this legislature to help prevent future deaths
 resulting from  upper  airway  obstructions  by  expanding  the  choking
 prevention requirement of section 2500-i of the public health law, known
 as J.T.'s Law, by requiring public schools to post a visible poster that
 graphically  depicts the first aid procedures used to treat upper airway
 obstructions caused by food or foreign objects.
   § 2. The education law is amended by adding a  new  section  409-m  to
 read as follows:
   §  409-M.  CHOKING  POSTER.  1.  EVERY PUBLIC SCHOOL INCLUDING CHARTER
 SCHOOLS SHALL POST A VISIBLE POSTER GRAPHICALLY DEPICTING THE FIRST  AID
 PROCEDURES  USED  TO  TREAT  UPPER AIRWAY OBSTRUCTIONS CAUSED BY FOOD OR
 FOREIGN OBJECTS, INCLUDING BUT NOT  LIMITED  TO  BACK  BLOWS,  ABDOMINAL
 THRUSTS AND CHEST COMPRESSIONS.
   2.  THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS IN CONSULTATION
 WITH THE COMMISSIONER OF HEALTH RELATING  TO  THE  POSTING  REQUIRED  BY
 SUBDIVISION  ONE  OF THIS SECTION.   SUCH RULES AND REGULATIONS SHALL BE
 CONSISTENT WITH THE PROVISIONS OF SECTION TWO THOUSAND FIVE HUNDRED-I OF
 THE PUBLIC HEALTH LAW RELATED TO CHILD  FOOD  CHOKING  PREVENTION.  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03285-01-9

 S. 1690                             2
 
 RULES  AND  REGULATIONS SHALL REQUIRE THAT A POSTER BE DISPLAYED IN EACH
 ESTABLISHMENT WHERE FOOD IS SOLD AND IN SPACES  DESIGNATED  SPECIFICALLY
 AS  EATING  AREAS,  INCLUDING  BUT  NOT LIMITED TO SCHOOL CAFETERIAS AND
 PROVIDED  FURTHER THAT SUCH POSTER SHALL BE APPROVED BY THE COMMISSIONER
 OF HEALTH IN CONSULTATION WITH THE COMMISSIONER.
   3. NOTHING CONTAINED IN THIS SECTION SHALL IMPOSE ANY AFFIRMATIVE DUTY
 TO ACT IN COMPLIANCE WITH THE POSTER. A SCHOOL DISTRICT, BOARD OF  COOP-
 ERATIVE  EDUCATIONAL  SERVICES  AND/OR  THEIR  EMPLOYEES OR OTHER PERSON
 SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS A RESULT OF ANY  HARM  OR
 INJURY  SUSTAINED  BY A STUDENT OR OTHER PERSON CAUSED BY REASONABLE AND
 GOOD FAITH COMPLIANCE WITH THIS SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the commissioner of education is authorized to  promulgate  any  and
 all  rules  and  regulations  and  take  any other measures necessary to
 implement this act on its effective date on or before such date.

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