The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3868
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to requiring the develop-
   ment of a bleeding control kit program and the installation of  bleed-
   ing control kits in schools

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 60 to read as follows:
   60. A. THE COMMISSIONER SHALL CONSULT AND COLLABORATE WITH THE COMMIS-
 SIONER OF HEALTH TO ESTABLISH AND DEVELOP A BLEEDING CONTROL KIT PROGRAM
 WITHIN THE DEPARTMENT THAT:
   (I) ENSURES THAT BLEEDING CONTROL KITS ARE STORED IN EASILY ACCESSIBLE
 AREAS OF THE SCHOOL;
   (II) INCLUDES THE USE OF BLEEDING CONTROL KITS IN THE EMERGENCY  OPER-
 ATIONS  PLAN  OR ANY OTHER SECURITY PLANNING MEASURE OR PROTOCOL ADOPTED
 BY THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHAR-
 TER SCHOOL OR NONPUBLIC SCHOOL; AND
   (III) REQUIRES ALL DISTRICT OR SCHOOL PERSONNEL WHO MAY BE  REASONABLY
 EXPECTED  TO  USE  A  BLEEDING  CONTROL KIT IN THE EVENT OF AN INJURY TO
 ANOTHER PERSON TO RECEIVE TRAINING APPROVED BY THE DEPARTMENT.
   B. A BLEEDING CONTROL KIT REQUIRED PURSUANT TO THIS SUBDIVISION  SHALL
 BE A FIRST AID RESPONSE KIT THAT INCLUDES AT LEAST:
   (I) ONE TOURNIQUET;
   (II) TWO COMPRESSED GAUZE DRESSINGS;
   (III) ONE TRAUMA DRESSING;
   (IV) NITRILE GLOVES;
   (V) SCISSORS; AND
   (VI)  INSTRUCTIONAL  DOCUMENTS ADOPTED BY THE AGENCY DETAILING METHODS
 TO PREVENT BLOOD LOSS FOLLOWING A TRAUMATIC EVENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07919-01-3
 A. 3868                             2

 
   C. IN ADDITION TO THE ITEMS REQUIRED TO  BE  INCLUDED  IN  A  BLEEDING
 CONTROL  KIT  PURSUANT  TO  PARAGRAPH  B OF THIS SUBDIVISION, A BLEEDING
 CONTROL KIT MAY ALSO INCLUDE ANY MEDICAL MATERIAL OR EQUIPMENT THAT:
   (I) MAY BE READILY STORED IN A BLEEDING CONTROL KIT;
   (II)  MAY  BE  USED  TO ADEQUATELY TREAT AN INJURY INVOLVING TRAUMATIC
 BLOOD LOSS; AND
   (III) IS APPROVED  BY  LOCAL  LAW  ENFORCEMENT  OR  EMERGENCY  MEDICAL
 SERVICES PERSONNEL.
   D.  EACH  SCHOOL  DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 CHARTER SCHOOL OR NONPUBLIC SCHOOL SHALL CONDUCT AN ANNUAL INSPECTION OF
 THE MEDICAL MATERIAL AND EQUIPMENT IN  EACH  BLEEDING  CONTROL  KIT  AND
 REPLACE ANY EXPIRED MATERIAL OR EQUIPMENT AS NECESSARY.
   E.  EACH  SCHOOL  DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
 CHARTER SCHOOL OR NONPUBLIC SCHOOL SHALL RESTOCK EACH  BLEEDING  CONTROL
 KIT  AS SOON AS PRACTICABLE AFTER THE USE OF SUCH KIT TO ENSURE THAT THE
 KIT CONTAINS ALL REQUIRED MATERIAL AND EQUIPMENT.
   F. THE DEPARTMENT MAY APPROVE AN ONLINE COURSE OF INSTRUCTION  BY  THE
 AMERICAN  COLLEGE  OF  SURGEONS OR A SIMILAR ORGANIZATION TO SATISFY THE
 TRAINING REQUIRED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH A OF  THIS
 SUBDIVISION.
   G. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHAR-
 TER SCHOOL OR NONPUBLIC SCHOOL SHALL BE IMMUNE FROM CIVIL LIABILITY FROM
 DAMAGES  OR  INJURIES  RESULTING  FROM  THE GOOD FAITH USE OF A BLEEDING
 CONTROL KIT BY AN EMPLOYEE OF SUCH SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES, CHARTER SCHOOL OR NONPUBLIC SCHOOL TO CONTROL  THE
 BLEEDING  OF  AN  INJURED PERSON PROVIDED THAT THE EMPLOYEE RECEIVED THE
 TRAINING REQUIRED PURSUANT TO SUBPARAGRAPH (III) OF PARAGRAPH A OF  THIS
 SUBDIVISION  AND  THE  EMPLOYEE DID NOT ACT WITH GROSS NEGLIGENCE IN THE
 USE OF THE BLEEDING CONTROL KIT.
   § 2. This act shall take effect immediately.