S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    409
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. M. G. 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:
   § 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.
   § 2. Section 919 of the education law, as amended by chapter 42 of the
 laws of 2008, is amended to read as follows:
   § 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.
                                                            LBD03106-01-7

 A. 409                              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.
   § 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:
   § 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].
   § 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.
   § 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.