S T A T E   O F   N E W   Y O R K
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                                  3543

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2015
                               ___________

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

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 922 to
read as follows:
  S 922. MRSA AND OTHER INFECTIOUS SKIN DISEASE  PROTECTION  AND  EDUCA-
TION.  1. LEGISLATIVE INTENT.  THE LEGISLATURE FINDS AND DETERMINES THAT
METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS (REFERRED TO IN THIS SECTION
AS "MRSA") IS A VERY SERIOUS HEALTH CONCERN FOR THE PEOPLE OF THE STATE.
MRSA  IS A BACTERIA 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 TO PROMOTE EDUCATION AND AWARENESS
ON HOW TO PREVENT THE SPREAD OF SUCH INFECTIOUS DISEASES AS MRSA, DEVEL-
OP PROTOCOLS AND PROCEDURES TO HELP  AVOID  TRANSMISSION  OF  MRSA,  AND
THEREBY  PROTECT  THE  PUBLIC  HEALTH  OF THE PEOPLE OF THE STATE.  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06829-01-5
              

A. 3543                             2

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  TEACHERS,  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 DEPARTMENT
AND THE DEPARTMENT OF HEALTH  TO  WORK  TOGETHER  TO  DEVELOP  IMPORTANT
EDUCATION, PROTOCOLS AND PROCEDURES NECESSARY TO ADDRESS THIS VERY SERI-
OUS  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.
  2. THE METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS AND INFECTIOUS SKIN
DISEASE INFORMATIONAL PROGRAM. THE DEPARTMENT, IN CONSULTATION WITH  THE
DEPARTMENT OF HEALTH, SHALL DEVELOP A MRSA AND INFECTIOUS DISEASE EDUCA-
TION  PROGRAM.  THE  MRSA AND INFECTIOUS DISEASE EDUCATION PROGRAM SHALL
CONSIST OF A PROGRAM TO DISSEMINATE  INFORMATION,  THROUGH  THE  DEPART-
MENT'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 ONLINE REGIS-
TRY  CONTAINING THE NAMES OF ALL STUDENTS AND COACHES WHO HAVE CERTIFIED
COMPLETION OF THE TRAINING PROGRAM.

A. 3543                             3

  4. REGULATIONS. THE COMMISSIONER SHALL HAVE THE AUTHORITY  TO  PROMUL-
GATE  RULES  AND REGULATIONS TO PREVENT THE SPREAD OF METHICILLIN-RESIS-
TANT 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  (REFERRED TO IN THIS
SECTION AS "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 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  SKIN
DISEASE.  SUCH INFORMATION SO DISSEMINATED SHALL ALSO PRESCRIBE CLEANING
METHODS, PROTOCOLS AND PROCEDURES 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  EDUCATION  DEPARTMENT,  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'S 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 EDUCATION DEPARTMENT, PROMULGATE RULES AND REGULATIONS  REGARD-
ING THE CEASING OF PARTICIPATION IN, AND RESUMPTION OF PARTICIPATION IN,
INTERSCHOLASTIC WRESTLING PRACTICES AND COMPETITIONS, WHEN A STUDENT HAS
CONTRACTED  AN INFECTIOUS SKIN DISEASE. SUCH RULES AND REGULATIONS SHALL
SPECIFY WHEN A STUDENT ATHLETE SHALL DISCONTINUE PARTICIPATION, 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.
  S 3. This act shall take effect October 1, 2015; 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.