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

                                  8655

                          I N  A S S E M B L Y

                             January 7, 2016
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Education

AN  ACT  to amend the education law, in relation to requiring nebulizers
  on school grounds; and to amend chapter  672  of  the  laws  of  2007,
  amending  the  education  law  relating  to the maintenance of on-site
  nebulizers, in relation to the effectiveness thereof;  and  making  an
  appropriation therefor

  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  804-e
to read as follows:
  S 804-E. NEBULIZER INSTRUCTION. INSTRUCTIONS REGARDING THE CORRECT USE
OF  A  NEBULIZER  SHALL  BE  INCLUDED  AS A PART OF THE HEALTH EDUCATION
CURRICULUM IN ALL SENIOR HIGH SCHOOLS WHEN CARDIOPULMONARY RESUSCITATION
INSTRUCTION IS BEING PROVIDED AS AUTHORIZED  BY  SECTION  EIGHT  HUNDRED
FOUR-C  OF  THIS ARTICLE.  PERSONS INSTRUCTING PUPILS IN THE CORRECT USE
OF NEBULIZERS SHALL POSSESS VALID CERTIFICATION BY A  NATIONALLY  RECOG-
NIZED  ORGANIZATION  OR  THE  STATE  EMERGENCY  MEDICAL SERVICES COUNCIL
OFFERING CERTIFICATION IN THE  OPERATION  OF  A  NEBULIZER  AND  IN  ITS
INSTRUCTION.
  S 2. Section 919 of the education law, as amended by chapter 42 of the
laws of 2008, is amended to read as follows:
  S  919.  On-site nebulizers. 1. [The board of education or trustees of
the school district responsible  for  providing  health  services  in  a
school,  or the board of cooperative educational services in the case of
programs under its jurisdiction] SCHOOL DISTRICTS, BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND  EXTENSION  BOARDS
AND  CHARTER  SCHOOLS,  shall  [make]  PROVIDE  AND MAINTAIN a nebulizer
[available] on-site in every  public  and  private  school  building  in
[which  full  or  part  time  nurse services are provided] A MANNER THAT
ENSURES READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
  2. Nebulizers in such school buildings  shall  be  made  available  to
allow reasonable access to all public and private school students with a
patient  specific order, who require inhaled medications administered by
a nebulizer, provided, however, that nebulizers shall be administered by
a school nurse or physician pursuant to the student's  patient  specific
order.  Every  nebulizer  shall  be  maintained  in working order by the
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD06635-01-5

A. 8655                             2

school district  or  board  of  cooperative  educational  services  that
provides  school  health services to the school building where the nebu-
lizer is located.
  [2.]  3.    WHENEVER  PUBLIC  OR PRIVATE SCHOOL FACILITIES PURSUANT TO
SUBDIVISION ONE OF THIS SECTION ARE USED FOR SCHOOL SPONSORED OR  SCHOOL
APPROVED CURRICULAR OR EXTRACURRICULAR EVENTS OR ACTIVITIES AND WHENEVER
A  SCHOOL-SPONSORED ATHLETIC CONTEST IS HELD AT ANY LOCATION, THE PUBLIC
SCHOOL OFFICIALS AND ADMINISTRATORS RESPONSIBLE FOR SUCH SCHOOL FACILITY
OR ATHLETIC CONTEST SHALL ENSURE THE PRESENCE  OF  AT  LEAST  ONE  STAFF
PERSON  WHO  IS TRAINED IN THE OPERATION AND USE OF A NEBULIZER. WHERE A
SCHOOL-SPONSORED COMPETITIVE ATHLETIC EVENT IS HELD AT A SITE OTHER THAN
A PUBLIC SCHOOL FACILITY, THE PUBLIC SCHOOL OFFICIALS SHALL ASSURE  THAT
A NEBULIZER IS PROVIDED ON-SITE.
  4.  ANY EMPLOYEE OR OTHER AGENT OF ANY SCHOOL DISTRICT, BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND  EXTENSION
BOARD  AND CHARTER SCHOOL WHO, IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION, VOLUNTARILY AND WITHOUT EXPECTATION  OF  MONETARY  COMPENSATION
RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING A NEBULIZER WHICH
HAS  BEEN  MADE  AVAILABLE  PURSUANT TO THIS SECTION, TO A PERSON WHO IS
UNCONSCIOUS, ILL OR INJURED, SHALL BE LIABLE ONLY PURSUANT  TO  SUBDIVI-
SION ONE OF SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
  5.  The commissioner shall be authorized to promulgate regulations for
the implementation of this section.
  S 3. Section 2 of chapter 672 of the laws of 2007, amending the educa-
tion law relating to the maintenance of on-site nebulizers,  is  amended
to read as follows:
  S 2. This act shall take effect September 1, 2007[; provided, however,
that  if  upon  such  effective  date, an appropriation to the education
department  shall  not  have  been  made  for  reimbursement  of  school
districts  and  boards  of  cooperative  educational  services  for  the
purposes of implementing the provisions of section 919 of the  education
law,  as  added  by  section  one  of this act, then this act shall take
effect on the forty-fifth day after such an appropriation is  made,  and
provided,  further,  that  the  division  of the budget shall notify the
legislative bill drafting commission on September 1, 2007  whether  such
an appropriation has been made, and if such appropriation shall not have
been made on or before such date, the division of the budget shall noti-
fy the legislative bill drafting commission upon the date such an appro-
priation shall have been made, in order that the commission may maintain
an  accurate  and timely effective data base of the official text of the
laws of the state  of  New  York  in  furtherance  of  effectuating  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law].
  S 4.  The state of New York shall make an appropriation to the depart-
ment of education for reimbursement of school districts  and  boards  of
cooperative  educational  services for the purposes of implementing this
act.
  S 5.  This act shall take effect on  the  one  hundred  twentieth  day
after  it shall have become a law; provided, however, that section three
of this act shall  take  effect  immediately;  provided,  further,  that
effective  immediately,  the  addition,  amendment  and/or repeal of any
rules or regulations necessary for the implementation of this act on its
effective date are authorized to be made on or before such date.