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Assembly Bill A9468A

2021-2022 Legislative Session

Relates to the use of airway clearance devices in schools

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2021-A9468 - Details

See Senate Version of this Bill:
S8536
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §924, Ed L
Versions Introduced in Other Legislative Sessions:
2023-2024: A6634, S7018
2025-2026: S1269

2021-A9468 - Summary

Provides for the use of airway clearance devices in schools; provides for training for school employees.

2021-A9468 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9468
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Education
 
 AN ACT to amend the education law, in relation to the  use  of  portable
   non-invasive anti-choking devices in schools
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 924 to
 read as follows:
   § 924. ANTI-CHOKING DEVICES IN SCHOOLS. 1. EACH BOARD OF EDUCATION  OF
 A  PUBLIC SCHOOL DISTRICT AND THE GOVERNING BOARD OR CHIEF SCHOOL ADMIN-
 ISTRATOR OF A NON-PUBLIC SCHOOL IN THE STATE SHALL ENSURE THAT AT  LEAST
 ONE PORTABLE ANTI-CHOKING DEVICE IS MADE AVAILABLE IN THE CAFETERIA, THE
 OFFICE OF THE SCHOOL NURSE, AND ANY OTHER SIMILAR LOCATION. SUCH DEVICES
 SHALL  BE  PLACED IN UNLOCKED AND EASILY ACCESSIBLE LOCATIONS DURING THE
 SCHOOL DAY AND AT ANY OTHER TIME WHEN A SCHOOL-SPONSORED EVENT IS TAKING
 PLACE. THE LOCATIONS OF EACH DEVICE SHALL HAVE AN APPROPRIATE  IDENTIFY-
 ING  SIGN.  FOR PURPOSES OF THIS SECTION, "PORTABLE ANTI-CHOKING DEVICE"
 MEANS A PORTABLE MEDICAL DEVICE THAT USES MANUALLY  CREATED  SUCTION  TO
 REMOVE  BLOCKAGE FROM THE AIRWAY DURING A CHOKING EMERGENCY AND HAS BEEN
 REGISTERED AS A CLASS II ACUTE UPPER AIRWAY OBSTRUCTION DEVICE WITH  THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION.
   2. EACH BOARD OF EDUCATION OF A PUBLIC SCHOOL DISTRICT AND THE GOVERN-
 ING  BOARD  OR  CHIEF ADMINISTRATOR OF A NON-PUBLIC SCHOOL SHALL DEVELOP
 POLICIES FOR THE USE OF PORTABLE ANTI-CHOKING DEVICES BY  SCHOOL  NURSES
 AND SCHOOL EMPLOYEES. SUCH POLICIES SHALL INCLUDE A REQUIREMENT THAT ALL
 SCHOOL NURSES AND SCHOOL EMPLOYEES RECEIVE TRAINING IN AIRWAY MANAGEMENT
 AND  IN  THE REMOVAL OF ANY OBSTRUCTION FROM THE AIRWAY USING A PORTABLE
 ANTI-CHOKING DEVICE.
   3. THE COMMISSIONER SHALL ENSURE THAT ANNUAL EDUCATIONAL OPPORTUNITIES
 ARE MADE AVAILABLE FOR SCHOOL NURSES AND EMPLOYEES OF  BOTH  PUBLIC  AND
 NON-PUBLIC  SCHOOLS  REGARDING AIRWAY MANAGEMENT AND THE USE OF PORTABLE
 ANTI-CHOKING DEVICES.
   4. THE DEPARTMENT SHALL PROVIDE FOR THE  REIMBURSEMENT  OF  THE  COSTS
 INCURRED  BY SCHOOL DISTRICTS AND NON-PUBLIC SCHOOLS IN IMPLEMENTING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A9468A (ACTIVE) - Details

See Senate Version of this Bill:
S8536
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §924, Ed L
Versions Introduced in Other Legislative Sessions:
2023-2024: A6634, S7018
2025-2026: S1269

2021-A9468A (ACTIVE) - Summary

Provides for the use of airway clearance devices in schools; provides for training for school employees.

2021-A9468A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9468--A
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced by M. of A. RA, GANDOLFO, LAWLER, BRABENEC, ABINANTI, PALMES-
   ANO, MORINELLO, THIELE, LEMONDES, McDONALD, DURSO, McDONOUGH, MIKULIN,
   TAGUE  --  read  once  and  referred  to the Committee on Education --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  education law, in relation to the use of airway
   clearance devices in schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 924 to
 read as follows:
   §  924.  AIRWAY  CLEARANCE DEVICES IN SCHOOLS. 1. FOR PURPOSES OF THIS
 SECTION, "AIRWAY CLEARANCE DEVICE" MEANS A PORTABLE MEDICAL DEVICE  THAT
 USES  MANUALLY CREATED SUCTION TO REMOVE BLOCKAGE FROM THE AIRWAY DURING
 A CHOKING EMERGENCY AND HAS BEEN REGISTERED AS A CLASS  II  ACUTE  UPPER
 AIRWAY  OBSTRUCTION DEVICE WITH THE UNITED STATES FOOD AND DRUG ADMINIS-
 TRATION.
   2. A SCHOOL THAT HAS AN AIRWAY CLEARANCE DEVICE ON  PREMISES,  WHETHER
 PURCHASED  OR  DONATED,  SHALL  DEVELOP  POLICIES  FOR THE USE OF AIRWAY
 CLEARANCE DEVICES BY SCHOOL NURSES AND SCHOOL EMPLOYEES.  SUCH  POLICIES
 SHALL  INCLUDE  A REQUIREMENT THAT THE SCHOOL DESIGNATE SCHOOL NURSES OR
 SCHOOL EMPLOYEES TO RECEIVE TRAINING IN AIRWAY  MANAGEMENT  AND  IN  THE
 REMOVAL  OF  ANY  OBSTRUCTION  FROM THE AIRWAY USING AN AIRWAY CLEARANCE
 DEVICE.
   3. THE COST OF TRAINING SCHOOL NURSES AND EMPLOYEES  REGARDING  AIRWAY
 MANAGEMENT  AND THE USE OF AIRWAY CLEARANCE DEVICES MAY BE REIMBURSED IF
 NECESSARY AS DETERMINED BY THE SCHOOL BOARD.
   4. ANY SCHOOL THAT PURCHASES, OPERATES, OR MAKES AVAILABLE  AN  AIRWAY
 CLEARANCE  DEVICE  PURSUANT  TO  THIS  SECTION  SHALL  NOT BE LIABLE FOR
 DAMAGES ARISING FROM THE USE OF SUCH DEVICE BY  A PERSON WHO VOLUNTARILY
 AND WITHOUT EXPECTATION OF    MONETARY  COMPENSATION  RENDERS  EMERGENCY
 TREATMENT  THAT  INCLUDES  THE USE OF SUCH DEVICE, EXCEPT AS PROVIDED IN
 SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14886-07-2

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