S T A T E   O F   N E W   Y O R K
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                                  2569

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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

              

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

S. 2569                             2

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
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.