Senate Bill S3603

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3603
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to the administration by a school or camp of over-the-counter  medica-
   tion to children attending such school or camp

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1394 of the public health law is amended by  adding
 a new subdivision 10 to read as follows:
   10.  (A) FOR THE PURPOSES OF THIS SUBDIVISION, "OVER-THE-COUNTER MEDI-
 CATION" SHALL MEAN A  MEDICATION  OR  OTHER  TREATMENT  WHICH  HAS  BEEN
 APPROVED  BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SALE WITHOUT A
 PHYSICIAN'S ORDER AND FOR WHICH THE FEDERAL FOOD AND DRUG ADMINISTRATION
 HAS ESTABLISHED DOSING INSTRUCTIONS WHICH APPEAR  ON  THE  PACKAGING  OF
 SUCH MEDICATION.
   (B)  EACH  CHILDREN'S  OVERNIGHT  CAMP,  SUMMER DAY CAMP AND TRAVELING
 SUMMER DAY CAMP SHALL ALLOW CERTAIN CAMP PERSONNEL TO  ADMINISTER  OVER-
 THE-COUNTER  MEDICATIONS,  WITH THE PERMISSION OF THE PARENT OR GUARDIAN
 OF THE CHILD, TO CHILDREN ATTENDING SUCH CAMP AND UPON A REQUEST BY  THE
 CHILD,  OR UPON A DETERMINATION BY CERTAIN CAMP PERSONNEL. SUCH ADMINIS-
 TRATION OF OVER-THE-COUNTER MEDICATIONS SHALL NOT REQUIRE INPUT  FROM  A
 LICENSED  HEALTHCARE  PROVIDER. A RECORD OF SUCH PERMISSION, REQUEST, OR
 DETERMINATION SHALL BE MAINTAINED BY THE  CAMP.  SUCH  PERMISSION  OF  A
 PARENT  OR GUARDIAN OF A CHILD TO ADMINISTER AN OVER-THE-COUNTER MEDICA-
 TION TO SUCH CHILD MAY BE MADE IN ADVANCE OF NEED BY WAY  OF  A  WRITTEN
 REQUEST  THAT IS SIGNED BY SUCH PARENT OR GUARDIAN AND LISTS WHICH MEDI-
 CATIONS AND DOSES MAY BE ADMINISTERED TO SUCH CHILD.
   (C) OVER-THE-COUNTER MEDICATION ADMINISTERED TO CHILDREN  ATTENDING  A
 CAMP PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION MAY BE PROVIDED BY:
   (I) THE PARENT OR GUARDIAN OF THE CHILD; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07552-01-5
 S. 3603                             2
              

 
   (II) AN ADULT IN WHOSE CARE SUCH CHILD HAS BEEN ENTRUSTED AND HAS BEEN
 AUTHORIZED  BY  THE  PARENT  OR GUARDIAN OF SUCH CHILD TO CONSENT TO ANY
 HEALTH CARE FOR SUCH CHILD.
   (D)  THE  DOSE,  ROUTE,  AND TIMING OF THE ADMINISTRATION OF OVER-THE-
 COUNTER MEDICATION TO CHILDREN ATTENDING A CAMP PURSUANT TO THIS  SUBDI-
 VISION  SHALL  COMPLY  WITH DOSING INSTRUCTIONS LISTED ON THE MEDICATION
 PACKAGING.
   § 2. Section 901 of the education law  is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. (A) FOR THE PURPOSES OF THIS SUBDIVISION, "OVER-THE-COUNTER MEDICA-
 TION":
   (I) SHALL MEAN A MEDICATION OR OTHER TREATMENT WHICH HAS BEEN APPROVED
 BY  THE  FEDERAL  FOOD AND DRUG ADMINISTRATION FOR SALE WITHOUT A PHYSI-
 CIAN'S ORDER AND FOR WHICH THE FEDERAL FOOD AND DRUG ADMINISTRATION  HAS
 ESTABLISHED  DOSING  INSTRUCTIONS  WHICH APPEAR ON THE PACKAGING OF SUCH
 MEDICATION; AND
   (II) MAY INCLUDE ORAL  MEDICATIONS,  TOPICAL  MEDICATIONS,  AND  OTHER
 TOPICAL PRODUCTS, INCLUDING BUT NOT LIMITED TO, INSECT REPELLANTS.
   (B)  EACH  SCHOOL  SHALL  ALLOW CERTAIN SCHOOL PERSONNEL TO ADMINISTER
 OVER-THE-COUNTER MEDICATIONS TO STUDENTS ATTENDING SUCH SCHOOL WITH  THE
 PERMISSION  OF  THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION TO THE
 CHILD, UPON A REQUEST BY THE CHILD, OR UPON A DETERMINATION  BY  CERTAIN
 SCHOOL  PERSONNEL.  SUCH  ADMINISTRATION  OF OVER-THE-COUNTER MEDICATION
 SHALL NOT REQUIRE INPUT FROM A HEALTH PROFESSIONAL.  A  RECORD  OF  SUCH
 PERMISSION, REQUEST, OR DETERMINATION SHALL BE MAINTAINED BY THE SCHOOL.
 SUCH  PERMISSION  OF  PARENTS OR OTHER PERSONS IN PARENTAL RELATION TO A
 CHILD TO ADMINISTER AN OVER-THE-COUNTER MEDICATION TO SUCH CHILD MAY  BE
 MADE  IN  ADVANCE  OF NEED BY WAY OF A WRITTEN REQUEST THAT IS SIGNED BY
 SUCH PARENTS OR OTHER PERSONS IN PARENTAL  RELATION  TO  THE  CHILD  AND
 LISTS WHICH MEDICATIONS AND DOSES MAY BE ADMINISTERED TO SUCH CHILD.
   (C)  OVER-THE-COUNTER  MEDICATION ADMINISTERED TO STUDENTS PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION MAY BE PROVIDED BY:
   (I) THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION TO THE CHILD; OR
   (II) AN ADULT  IN  WHOSE  CARE  SUCH  STUDENT  OR  ATTENDEE  HAS  BEEN
 ENTRUSTED  AND  HAS  BEEN  AUTHORIZED BY THE PARENTS OR OTHER PERSONS IN
 PARENTAL RELATION TO THE CHILD TO CONSENT TO ANY HEALTH  CARE  FOR  SUCH
 CHILD.
   (D)  THE  DOSE,  ROUTE,  AND TIMING OF THE ADMINISTRATION OF OVER-THE-
 COUNTER MEDICATION TO STUDENTS PURSUANT TO THIS SUBDIVISION SHALL COMPLY
 WITH DOSING INSTRUCTIONS LISTED ON THE MEDICATION PACKAGING.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule of 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.