S T A T E O F N E W Y O R K
________________________________________________________________________
2458--C
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Education in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- again reported from said commit-
tee with amendments, ordered reprinted as amended and recommitted to
said committee
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 (i) to read as follows:
(I) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
§ 2. Subdivision 4 of section 6909 of the education law is amended by
adding a new paragraph (i) to read as follows:
(I) 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, OR IN THE CASE OF THE CITY SCHOOL DISTRICT OF NEW YORK,
THE CHANCELLOR OF THE CITY SCHOOL DISTRICT, 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 asthmat-
ic 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01190-07-2
A. 2458--C 2
at any school function as such terms are defined, respectively, 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 permission shall
include an attestation by the physician or the health care provider
confirming the following: (a) the pupil is diagnosed with asthma 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 demon-
strated that he or she can self-administer the prescribed inhaled 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 main-
tained 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, OR IN THE CASE OF THE CITY
SCHOOL DISTRICT OF NEW YORK, THE CHANCELLOR, and board of cooperative
educational services shall allow such pupils to maintain an extra such
inhaler in the care and custody of a licensed nurse, nurse practitioner,
physician assistant, or physician employed by such district or board of
cooperative educational services, and shall be readily accessible to
such pupil. Nothing in this section shall require a school district or
board of cooperative educational services to retain a licensed nurse,
nurse practitioner, physician 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, or board of cooperative educational services' policy and the
orders prescribed in the written permission of the physician or other
authorized health care provider.
2. (A) THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT, OR
IN THE CASE OF THE CITY SCHOOL DISTRICT OF NEW YORK, THE CHANCELLOR OF
THE CITY SCHOOL DISTRICT, AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
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
SUPERVISED USE BY A REGISTERED NURSE, WHERE PRACTICABLE, DURING EMERGEN-
CIES. SUCH EMERGENCY USE OF ASTHMA RESCUE MEDICATION SHALL ONLY BE USED
IF THE PUPIL'S PRESCRIBED ASTHMA RESCUE MEDICATION OR SPARE INHALER IS
NOT READILY ACCESSIBLE OR IN EMERGENCY SITUATIONS WHERE A PUPIL DOES NOT
HAVE ACCESS TO ANY ASTHMA RESCUE MEDICATION.
(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:
A. 2458--C 3
(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 AND DEVELOPS AN ASTHMA ACTION PLAN. 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 MEDICA-
TIONS TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF EXER-
CISE 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.
3. A school district, 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
to be made and completed on or before such effective date.