S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4134--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Education -- recommitted to the Committee on Education in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law and the public health law, in relation
  to Methicillin-Resistant Staphylococcus Aureus protection  and  educa-
  tion

  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 921 to
read as follows:
  S 921. MRSA AND OTHER INFECTIOUS SKIN DISEASE  PROTECTION  AND  EDUCA-
TION.  1. LEGISLATIVE INTENT.  THE LEGISLATURE FINDS AND DETERMINES THAT
METHICILLIN-RESISTANT  STAPHYLOCOCCUS  AUREUS  (MRSA)  IS A VERY SERIOUS
HEALTH CONCERN FOR THE PEOPLE OF THE STATE OF NEW YORK. MRSA IS A BACTE-
RIA THAT CAN LEAD TO THE OUTBREAK OF  SERIOUS  INFECTIONS.  DUE  TO  ITS
COMMON RESISTANCE TO MANY MODERN ANTIBIOTICS, IT IS VERY OFTEN DIFFICULT
TO  TREAT,  AND CAN RESULT IN EXTENDED HOSPITALIZATION, SERIOUS ILLNESS,
AND EVEN DEATH.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT AS A SERIOUS  HEALTH
RISK, IT IS IMPORTANT FOR THE STATE OF NEW YORK TO PROMOTE EDUCATION AND
AWARENESS  ON  HOW  TO PREVENT THE SPREAD OF SUCH INFECTIOUS DISEASES AS
MRSA, DEVELOP PROTOCOLS AND PROCEDURES TO  HELP  AVOID  TRANSMISSION  OF
MRSA,  AND  THEREBY PROTECT THE PUBLIC HEALTH OF THE PEOPLE OF THE STATE
OF NEW YORK. SUCH EDUCATION, PROTOCOLS  AND  PROCEDURES  ARE  ESPECIALLY
IMPORTANT  WHERE THE RISKS OF TRANSMISSION ARE SIGNIFICANT, INCLUDING IN
OUR PUBLIC AND PRIVATE SCHOOLS,  WHERE  SUCH  EDUCATION,  PROTOCOLS  AND
METHODS CAN BE DEPLOYED TO LESSEN THE CHANCE AND RISK OF INFECTION.
  THE  LEGISLATURE  ADDITIONALLY  FINDS  AND DETERMINES THAT ONE AREA IN
WHICH SUCH EDUCATION, PROTOCOLS AND METHODS COULD BE  ESPECIALLY  USEFUL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01060-03-4
              

A. 4134--A                          2

IS  WITH  RESPECT  TO SCHOOL ATHLETIC FACILITIES AND EVENTS. THE PADDING
USED IN SCHOOL ATHLETIC FACILITIES AND EVENTS, ALTHOUGH  VERY  IMPORTANT
FOR  THE  SAFETY OF SCHOOL ATHLETES, HAS PROVEN TO BE A MEDIUM WHICH CAN
PERMIT  THE  BREEDING OF HARMFUL BACTERIA, INCLUDING MRSA, THAT CAN LEAD
TO INFECTIOUS AND POTENTIALLY LIFE-THREATENING DISEASES. WITHOUT  PROPER
EDUCATION, PROTOCOLS AND PROCEDURES, THESE IMPORTANT SAFETY SURFACES CAN
BECOME  CONTAMINATED, EXPOSING PARTICIPANTS TO THE DANGER OF CONTRACTING
INFECTIONS AND THE RESULTING ILLNESSES. IN WRESTLING, IN PARTICULAR, THE
SKIN TO SKIN CONTACT BETWEEN COMPETITORS, AND THE  ROUTINE  EXPOSURE  TO
THESE  PADDING SURFACES, MAKE THE NEED FOR SUCH EDUCATION, PROTOCOLS AND
PROCEDURES ESPECIALLY IMPORTANT.
  THE LEGISLATURE ALSO FINDS AND DETERMINES THAT EDUCATING STUDENTS  AND
THEIR SUPERVISORS, AND PROMOTING THE PUBLICATION OF PROTOCOLS AND PROCE-
DURES,  WITH  RESPECT  TO  MRSA,  INFECTIOUS  SKIN  DISEASES, AND HOW TO
PREVENT THEM,  CAN  SIGNIFICANTLY  CURB  THEIR  SPREAD.    BY  INFORMING
STUDENTS  AND  COACHES  OF  THE  IMPORTANCE OF GOOD HYGIENE, AMONG OTHER
THINGS, THE SPREAD OF MRSA CAN BE  DRASTICALLY  DIMINISHED.    SHOWERING
IMMEDIATELY  AFTER  PRACTICES  AND MATCHES HAVE PROVEN TO DECREASE INCI-
DENCES OF INFECTIOUS SKIN DISEASES.   THAT BY  DIRECTING  THE  NEW  YORK
STATE  EDUCATION DEPARTMENT AND THE NEW YORK STATE DEPARTMENT OF HEALTH,
TO WORK TOGETHER TO DEVELOP IMPORTANT EDUCATION,  PROTOCOLS  AND  PROCE-
DURES  NECESSARY  TO  ADDRESS  THIS  VERY SERIOUS HEALTH CONCERN, AND BY
ENABLING SUCH DEPARTMENTS TO ASSIST SCHOOLS, THEIR  ATHLETIC  FACILITIES
AND  OTHER  PUBLIC  INSTITUTIONS, TO HELP PREVENT THE SPREAD OF MRSA AND
INFECTIOUS SKIN DISEASES, THIS LEGISLATION SEEKS TO PROMOTE  THE  PUBLIC
HEALTH  AND SAFETY OF STUDENTS, ATHLETES, AND THE PEOPLE OF THE STATE OF
NEW YORK.
  2. THE METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)  AND  INFEC-
TIOUS  SKIN  DISEASE INFORMATIONAL PROGRAM. THE DEPARTMENT, IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH, SHALL DEVELOP A MRSA AND  INFECTIOUS
DISEASE  EDUCATION  PROGRAM.  THE  MRSA AND INFECTIOUS DISEASE EDUCATION
PROGRAM SHALL CONSIST OF A PROGRAM TO DISSEMINATE  INFORMATION,  THROUGH
THE  DEPARTMENT'S WEBPAGE, THAT DESCRIBES THE CONDITIONS THAT CONTRIBUTE
TO MRSA AND INFECTIOUS DISEASE. SUCH INFORMATION SO  DISSEMINATED  SHALL
ALSO  PRESCRIBE  CLEANING  METHODS,  PROTOCOLS  AND  PROCEDURES THAT CAN
ERADICATE THE CONTAMINATION OF MRSA AND OTHER INFECTIOUS SKIN DISEASES.
  3. INTERSCHOLASTIC WRESTLING HEALTH TRAINING  AND  EDUCATION  PROGRAM.
THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK PUBLIC HIGH SCHOOL
ATHLETIC ASSOCIATION, AND THE DEPARTMENT OF  HEALTH,  SHALL  DEVELOP  AN
INTERSCHOLASTIC  WRESTLING  HEALTH TRAINING AND EDUCATION PROGRAM, WHICH
SHALL CONSIST OF AN ONLINE HEALTH TRAINING  AND  EDUCATION  PROGRAM  FOR
INTERSCHOLASTIC  WRESTLING COACHES AND STUDENT ATHLETES PARTICIPATING IN
INTERSCHOLASTIC WRESTLING ON THE SUBJECT OF CONDITIONS  THAT  CONTRIBUTE
TO MRSA AND INFECTIOUS SKIN DISEASE, AS WELL AS CLEANING METHODS, PROTO-
COLS  AND PROCEDURES THAT CAN ERADICATE THE CONTAMINATION OF MRSA AND/OR
OTHER INFECTIOUS SKIN DISEASES. COMPLETION OF SUCH INTERSCHOLASTIC WRES-
TLING HEALTH TRAINING AND EDUCATION PROGRAM SHALL BE MANDATORY  FOR  ALL
INTERSCHOLASTIC  WRESTLING COACHES AND STUDENT ATHLETES PARTICIPATING IN
INTERSCHOLASTIC WRESTLING ON AN ANNUAL BASIS.    THE  TRAINING  MUST  BE
COMPLETED  WITHIN TWO WEEKS OF THE COMMENCEMENT OF PRACTICES OR PRIOR TO
PARTICIPATION IN ANY  INTERSCHOLASTIC  WRESTLING  SCRIMMAGE,  MATCH,  OR
TOURNAMENT,  WHICHEVER IS SOONER. ANY STUDENT NOT IN COMPLIANCE SHALL BE
BARRED FROM PARTICIPATION UNTIL  SUCH  TIME  THE  STUDENT  COMES  WITHIN
COMPLIANCE  WITH  THIS  SECTION.    THE INTERSCHOLASTIC WRESTLING HEALTH
TRAINING AND EDUCATION PROGRAM SHALL BE PLATFORMED UPON A WEBSITE  SPON-
SORED  BY  THE  DEPARTMENT.    THE  DEPARTMENT SHALL MAINTAIN AN ON-LINE

A. 4134--A                          3

REGISTRY CONTAINING THE NAMES OF  ALL  STUDENTS  AND  COACHES  WHO  HAVE
CERTIFIED COMPLETION OF THE TRAINING PROGRAM.
  4.  REGULATIONS.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMUL-
GATE RULES AND REGULATIONS TO PREVENT THE SPREAD  OF  METHICILLIN-RESIS-
TANT STAPHYLOCOCCUS AUREUS (MRSA).
  5. DEFINITIONS. FOR PURPOSES OF THIS SECTION MRSA SHALL MEAN METHICIL-
LIN-RESISTANT STAPHYLOCOCCUS AUREUS.
  S  2.  The public health law is amended by adding a new section 2111-a
to read as follows:
  S 2111-A. MRSA AND INFECTIOUS SKIN DISEASE PROTOCOL AND EDUCATION.  1.
THE  METHICILLIN-RESISTANT  STAPHYLOCOCCUS  AUREUS (MRSA) AND INFECTIOUS
SKIN DISEASE INFORMATIONAL PROGRAM. THE DEPARTMENT, IN CONSULTATION WITH
THE EDUCATION DEPARTMENT, SHALL  DEVELOP  A  MRSA  AND  INFECTIOUS  SKIN
DISEASE  EDUCATION  PROGRAM. THE MRSA AND INFECTIOUS SKIN DISEASE EDUCA-
TION PROGRAM SHALL CONSIST OF  A  PROGRAM  TO  DISSEMINATE  INFORMATION,
THROUGH  THE  DEPARTMENT'S  WEBPAGE,  THAT DESCRIBES THE CONDITIONS THAT
CONTRIBUTE TO MRSA AND INFECTIOUS  SKIN  DISEASE.  SUCH  INFORMATION  SO
DISSEMINATED SHALL ALSO PRESCRIBE CLEANING METHODS, PROTOCOLS AND PROCE-
DURES THAT CAN ERADICATE THE CONTAMINATIONS OF MRSA AND OTHER INFECTIOUS
SKIN  DISEASES.  THE  PAGE  MAINTAINED BY THE DEPARTMENT, UPON WHICH THE
MRSA AND INFECTIOUS SKIN DISEASE EDUCATION PROGRAM SHALL BE  PLATFORMED,
SHALL  ALSO  CONTAIN  A  DOWNLOADABLE  FACT  SHEET ON MRSA, ITS ORIGINS,
TREATMENT AND PREVENTION.
  2. INTERSCHOLASTIC WRESTLING HEALTH TRAINING  AND  EDUCATION  PROGRAM.
THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK PUBLIC HIGH SCHOOL
ATHLETIC ASSOCIATION, AND THE DEPARTMENT OF EDUCATION, SHALL  ASSIST  IN
DEVELOPING  AN  INTERSCHOLASTIC  WRESTLING HEALTH TRAINING AND EDUCATION
PROGRAM, WHICH SHALL CONSIST OF AN ONLINE HEALTH TRAINING AND  EDUCATION
PROGRAM  FOR  INTERSCHOLASTIC  WRESTLING  COACHES  AND  STUDENT ATHLETES
PARTICIPATING IN INTERSCHOLASTIC WRESTLING ON THE SUBJECT OF  CONDITIONS
THAT CONTRIBUTE TO MRSA AND INFECTIOUS SKIN DISEASE, AS WELL AS CLEANING
METHODS,  PROTOCOLS  AND PROCEDURES THAT CAN ERADICATE THE CONTAMINATION
OF MRSA AND/OR OTHER INFECTIOUS SKIN DISEASES WHICH SHALL BE  HOSTED  ON
THE  STATE  EDUCATION DEPARTMENT WEBPAGE.  COMPLETION OF SUCH INTERSCHO-
LASTIC WRESTLING HEALTH TRAINING AND EDUCATION PROGRAM SHALL BE MANDATO-
RY FOR  ALL  INTERSCHOLASTIC  WRESTLING  COACHES  AND  STUDENT  ATHLETES
PARTICIPATING IN INTERSCHOLASTIC WRESTLING.
  3.  POWERS  OF  THE  DEPARTMENT. THE DEPARTMENT SHALL, IN CONSULTATION
WITH THE STATE EDUCATION DEPARTMENT, PROMULGATE  RULES  AND  REGULATIONS
REGARDING  THE  CEASING  OF  PARTICIPATION IN, AND RESUMPTION OF PARTIC-
IPATION IN, INTERSCHOLASTIC WRESTLING PRACTICES AND COMPETITIONS, WHEN A
STUDENT HAS CONTRACTED AN INFECTIOUS SKIN DISEASE. SUCH RULES AND  REGU-
LATIONS  SHALL  SPECIFY WHEN A STUDENT ATHLETE SHALL DISCONTINUE PARTIC-
IPATION, AS WELL AS DEFINE THE PROTOCOLS, REQUIREMENTS  AND  TIMING  FOR
THE RESUMPTION OF PARTICIPATION IN SUCH ATHLETIC CONTESTS.
  4.  REGULATIONS.  THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMUL-
GATE RULES AND REGULATIONS TO PREVENT THE SPREAD  OF  METHICILLIN-RESIS-
TANT STAPHYLOCOCCUS AUREUS (MRSA).
  5. DEFINITIONS. FOR PURPOSES OF THIS SECTION MRSA SHALL MEAN METHICIL-
LIN-RESISTANT STAPHYLOCOCCUS AUREUS.
  S 3. This act shall take effect October 1, 2014; provided however that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such effective date.