senate Bill S8536A

2021-2022 Legislative Session

Relates to the use of airway clearance devices in schools

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Your Voice

do you support this bill?

Please enter your contact information

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.

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 referred to education
delivered to assembly
passed senate
May 31, 2022 ordered to third reading cal.1668
committee discharged and committed to rules
May 17, 2022 print number 8536a
May 17, 2022 amend (t) and recommit to education
Mar 09, 2022 referred to education

Co-Sponsors

S8536 - Details

See Assembly Version of this Bill:
A9468
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §924, Ed L

S8536 - Summary

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

S8536 - Sponsor Memo

S8536 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8536
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 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

S8536A (ACTIVE) - Details

See Assembly Version of this Bill:
A9468
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §924, Ed L

S8536A (ACTIVE) - Summary

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

S8536A (ACTIVE) - Sponsor Memo

S8536A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8536--A
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sens.  THOMAS,  ADDABBO,  BOYLE, LANZA -- read twice and
   ordered printed, and when printed to be committed 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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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.