NY State Senate Bill S4650

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2022	referred to education delivered to assembly passed senate
Feb 17, 2022	advanced to third reading
Feb 16, 2022	2nd report cal.
Feb 15, 2022	1st report cal.507
Jan 05, 2022	referred to education returned to senate died in assembly
May 25, 2021	referred to education delivered to assembly passed senate
May 19, 2021	advanced to third reading
May 12, 2021	2nd report cal.
May 11, 2021	1st report cal.997
Feb 08, 2021	referred to education

Votes

Co-Sponsors

S4650 (ACTIVE) - Details

See Assembly Version of this Bill:: A8049
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §921, add §§902-c & 916-c, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S3129, A5434

S4650 (ACTIVE) - Summary

Allows for unlicensed personnel to administer certain seizure rescue medication in schools, on school grounds and at school events; provides that such medicine may be left with a school health official to be used as needed.

S4650 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4650

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the education law, in relation to allowing for unli-
censed personnel to administer seizure rescue medication

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes school districts to have licensed professionals administer
seizure rescue nasal sprays, licensed individuals to teach unlicensed
individuals how to administer such rescue nasal spray and authorize
students to carry such medication in schools.

 
SUMMARY OF PROVISIONS:

Section 1. Amends Section 921 of the education law to include diazepam
or midazolam nasal spray as a medication in which licensed medical
professionals may administer at schools in rescue situations

Section 2. Creates two new sections in the education law 902-c. Allowing
for licensed medical professionals to optionally teach a unlicensed
person how to administer diazepam or midazolam nasal spray for a student
having a seizure. Provides liability protection for a school district,
BOCES, their agents or employees for good faith compliance with this
section 916-c. Allows for students who have been diagnosed with epilepsy
to carry seizure rescue medication with parental consent. This section
does not require a school district to carry or provide seizure rescue
medication or require the hiring of a licensed medical professional and
provides liability protection.

Section 3. Effective Date.

 
JUSTIFICATION:

According to the NYS Department of Health, it is estimated that 180,000
New Yorkers have epilepsy and roughly 1 in 10 diagnosed individuals will
have a seizure in their lifetime. An individual prone to seizures has no
control over when and where such seizures will occur. As students are
under the care of a school district for several hours a day whether in
the classroom, on school grounds for extracurricular activities or on
the school bus. Under this legislation, school districts who have an
enrolled student with epilepsy would be allowed to train their staff
with the skills to administer life saving medication to a student.4

Various medications are available to treat individuals having a severe
seizure, however nasal sprays are easiest for unlicensed individuals to
administer in an emergency situation. The Epilepsy Foundation and their
local affiliates offer training classes for school personnel, but that
is no substitute for being able to use a life saving medication. This
legislation will enable schools to help a student in an emergency, give
parents the peace of mind that their child will be taken care of during
school hours, and provide liability protection to school districts
making a good faith effort to help their students.

 
LEGISLATIVE HISTORY:  New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

 
EFFECTIVE DATE:
Immediately

S4650 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4650
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- 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  allowing  for  unli-
   censed personnel to administer seizure rescue medication
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 921 of the education law, as added
 by chapter 423 of the laws of 2014, is amended to read as follows:
   1. The board of education or trustees  of  each  school  district  and
 board  of  cooperative  educational  services  and nonpublic schools are
 authorized, but not obligated to have licensed  registered  professional
 nurses,  nurse practitioners, physician assistants, and physicians train
 unlicensed school personnel to inject prescribed glucagon or epinephrine
 auto injectors, OR ADMINISTER DIAZEPAM OR MIDAZOLAM NASAL SPRAY in emer-
 gency situations, where an appropriately licensed health professional is
 not available, to pupils who have the written permission of a  physician
 or  other duly authorized health care provider for the administration of
 injectable  glucagon  [or],  emergency  epinephrine  auto  injector,  OR
 DIAZEPAM  OR MIDAZOLAM NASAL SPRAY, along with written parental consent,
 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. Training must be provided by a physician
 or other duly authorized licensed health care professional in  a  compe-
 tent manner and must be completed in a form and manner prescribed by the
 commissioner in regulation.
   § 2. The education law is amended by adding two new sections 902-c and
 916-c to read as follows:
   §  902-C.  TREATMENT  OF  STUDENTS  DIAGNOSED  WITH EPILEPSY BY SCHOOL
 PERSONNEL. 1.   LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN  ASSIST-
 ANTS,  OR  PHYSICIANS EMPLOYED BY  SCHOOL DISTRICTS OR BOARDS OF COOPER-
 ATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED TO ADMINISTER  PRESCRIBED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08658-01-1

 S. 4650                             2
 
 DIAZEPAM  OR  MIDAZOLAM  NASAL  SPRAY,  TO TEACH AN UNLICENSED PERSON TO
 ADMINISTER A DIAZEPAM OR MIDAZOLAM NASAL SPRAY TO AN INDIVIDUAL, AND  TO
 PERFORM  OTHER  AUTHORIZED SERVICES PURSUANT TO THE SCOPE OF PRACTICE OF
 THE LICENSED INDIVIDUAL UNDER TITLE EIGHT OF THIS CHAPTER, TO PUPILS WHO
 HAVE RECEIVED WRITTEN PERMISSION BY A PHYSICIAN OR OTHER LICENSED HEALTH
 CARE  PROVIDER  AND WRITTEN PARENTAL CONSENT TO CARRY AND USE A DIAZEPAM
 OR MIDAZOLAM NASAL SPRAY PURSUANT TO SECTION NINE HUNDRED  SIXTEEN-C  OF
 THIS  ARTICLE DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL
 FUNCTION. NOTHING IN THIS SECTION SHALL AUTHORIZE UNLICENSED PERSONS  TO
 PERFORM  THESE  SERVICES  EXCEPT  AS OTHERWISE PERMITTED BY SECTION NINE
 HUNDRED TWENTY-ONE OF THIS ARTICLE.
   2. 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.
   §  916-C.  PUPILS WITH EPILEPSY. 1. THE BOARD OF EDUCATION OR TRUSTEES
 OF EACH 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  EPILEPSY  TO    CARRY  AND  USE  A
 PRESCRIBED  NASAL  SPRAY  FOR THE EMERGENCY TREATMENT OF SEIZURES DURING
 THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL  FUNCTION  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  SUCH  PHYSICIAN  OR  HEALTH  CARE PROVIDER
 CONFIRMING: (A) THE PUPIL'S DIAGNOSIS OF EPILEPSY FOR WHICH  A  DIAZEPAM
 OR  MIDAZOLAM  NASAL  SPRAY IS NEEDED; AND (B) THAT THE PUPIL HAS DEMON-
 STRATED THAT HE OR SHE CAN SELF-ADMINISTER THE  PRESCRIBED  DIAZEPAM  OR
 MIDAZOLAM  NASAL  SPRAY  EFFECTIVELY. SUCH WRITTEN PERMISSION SHALL ALSO
 INCLUDE THE CIRCUMSTANCES WHICH MAY WARRANT THE USE  OF  A  DIAZEPAM  OR
 MIDAZOLAM  NASAL SPRAY. A RECORD OF SUCH CONSENT AND PERMISSION SHALL BE
 MAINTAINED 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 AND  BOARD OF  COOP-
 ERATIVE  EDUCATIONAL  SERVICES  SHALL  ALLOW  SUCH PUPILS TO MAINTAIN AN
 EXTRA DIAZEPAM OR MIDAZOLAM NASAL SPRAY FOR THE EMERGENCY  TREATMENT  OF
 SEIZURES  IN THE CARE AND CUSTODY OF A LICENSED NURSE, NURSE PRACTITION-
 ER, 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 DIAZEPAM OR MIDAZOLAM  NASAL  SPRAY
 FOR  THE  EMERGENCY  TREATMENT  OF  SEIZURES, OR REQUIRE THAT A LICENSED
 NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN  BE  AVAIL-
 ABLE AT ALL TIMES IN A SCHOOL BUILDING FOR TAKING CUSTODY OF THE DIAZEP-
 AM  OR  MIDAZOLAM  NASAL  SPRAY.  IN ADDITION, THE DIAZEPAM OR MIDAZOLAM
 NASAL SPRAY PROVIDED BY THE  PUPIL'S  PARENTS  OR  PERSONS  IN  PARENTAL
 RELATION  WILL  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 PHYSI-
 CIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
   2. 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.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S4650

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 10, 2022 - floor Vote

Floor Vote: Mar 10, 2022

Feb 15, 2022 - Education committee Vote

Education Committee Vote: Feb 15, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

May 11, 2021 - Education committee Vote

Education Committee Vote: May 11, 2021

Co-Sponsors

S4650 (ACTIVE) - Details

S4650 (ACTIVE) - Summary

S4650 (ACTIVE) - Sponsor Memo

S4650 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4650

Share this bill

Sponsored By

John W. Mannion

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 10, 2022 - floor Vote

Floor Vote: Mar 10, 2022

Feb 15, 2022 - Education committee Vote

Education Committee Vote: Feb 15, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

May 11, 2021 - Education committee Vote

Education Committee Vote: May 11, 2021

Co-Sponsors

Joseph P. Addabbo Jr

James Gaughran

Pamela Helming

S4650 (ACTIVE) - Details

S4650 (ACTIVE) - Summary

S4650 (ACTIVE) - Sponsor Memo

S4650 (ACTIVE) - Bill Text download pdf

Comments