S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9689
 
                           I N  A S S E M B L Y
 
                             February 2, 2018
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to  administering  asthma
   rescue  medications  and authorizing schools to possess and administer
   asthma rescue medications in emergency situations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section  6527 of the education law is
 amended by adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
   § 2. Subdivision 4 of section 6909 of the education law is amended  by
 adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
   §  3.  Section  916 of the education law, as amended by chapter 423 of
 the laws of 2014, is amended to read as follows:
   § 916. Pupils with asthma or  another  respiratory  disease  requiring
 rescue  inhaler treatment. 1. The board of education or trustees of each
 school district, INCLUDING THE BOARD OF EDUCATION OF  THE  CITY  OF  NEW
 YORK,  and  board of cooperative educational services shall allow pupils
 who have been diagnosed by a physician or other duly  authorized  health
 care provider with an asthmatic condition or another respiratory disease
 to carry and use a prescribed inhaler and self-administer inhaled rescue
 medications to alleviate respiratory symptoms or to prevent the onset of
 exercise  induced  asthmatic  symptoms  during  the school day on school
 property and at any school function as such terms are  defined,  respec-
 tively,  by  subdivisions one and two of section eleven of this chapter,
 with the written permission of a  physician  or  other  duly  authorized
 health  care provider, and written parental consent. The written permis-
 sion shall include an attestation by the physician or  the  health  care
 provider confirming the following: (a) the pupil is diagnosed with asth-
 ma  or  another respiratory disease for which inhaled rescue medications
 are prescribed to alleviate respiratory symptoms or to prevent the onset
 of exercise induced asthmatic symptoms;  and  (b)  that  the  pupil  has
 demonstrated  that  he or she can self-administer the prescribed inhaled
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14183-02-8

 A. 9689                             2
 
 rescue medication  effectively.    The  written  permission  shall  also
 include  the name of the prescribed inhaled rescue medication, the dose,
 the times when the medication is to be taken,  the  circumstances  which
 may  warrant  the use of the medication and the length of time for which
 the inhaler is prescribed. A record of such consent and permission shall
 be maintained in the student's cumulative health  record.  In  addition,
 upon the written request of a parent or person in parental relation, the
 board of education or trustees of a school district, INCLUDING THE BOARD
 OF  EDUCATION  OF  THE CITY OF NEW YORK, and board of cooperative educa-
 tional services shall allow such pupils to maintain an extra such inhal-
 er in the care and custody of  a  licensed  nurse,  nurse  practitioner,
 physician  assistant, or physician employed by such district or board of
 cooperative educational services, and shall  be  readily  accessible  to
 such  pupil.  Nothing in this section shall require a school district or
 board of cooperative educational services to retain  a  licensed  nurse,
 nurse  practitioner,  physician  assistant,  or physician solely for the
 purpose of taking custody of a spare inhaler for the treatment of asthma
 or a respiratory  disease  requiring  rescue  medication  treatment,  or
 require  that a licensed nurse, nurse practitioner, physician assistant,
 or physician be available at all times in  a  school  building  for  the
 purpose  of  taking  custody of the inhaler. In addition, the medication
 provided by the pupil's parents or persons in parental relation shall be
 made available to the pupil as needed  in  accordance  with  the  school
 district's  or board of cooperative educational services' policy and the
 orders prescribed in the written permission of the  physician  or  other
 authorized health care provider.
   2.  (A)  SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES,
 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER  SCHOOLS,  AND
 NON-PUBLIC  ELEMENTARY  AND  SECONDARY SCHOOLS IN THIS STATE MAY PROVIDE
 AND MAINTAIN ON-SITE IN EACH INSTRUCTIONAL SCHOOL FACILITY ASTHMA RESCUE
 MEDICATIONS IN QUANTITIES AND  TYPES  DEEMED  BY  THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE  COMMISSIONER OF HEALTH, AND FOR THE CITY OF NEW
 YORK, THE COMMISSIONER OF HEALTH OF THE CITY OF NEW YORK, TO BE ADEQUATE
 TO ENSURE READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
   (B) EVERY PARENT OR GUARDIAN OF A PUPIL WHO IS ADMINISTERED SUCH ASTH-
 MA RESCUE MEDICATIONS SHALL BE NOTIFIED IN WRITING OF SUCH INCIDENT. THE
 REQUIRED CONTENT OF SUCH NOTIFICATION SHALL BE DETERMINED BY THE COMMIS-
 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,  AND  FOR  THE
 CITY  OF  NEW  YORK, THE COMMISSIONER OF HEALTH OF THE CITY OF NEW YORK,
 AND SHALL AT A MINIMUM INCLUDE:
   (I) A RECOMMENDATION THAT SUCH PUPIL BE EVALUATED BY  A  PHYSICIAN  OR
 OTHER  DULY  AUTHORIZED  HEALTH CARE PROVIDER TO DETERMINE IF SUCH PUPIL
 HAS AN ASTHMATIC CONDITION OR ANOTHER RESPIRATORY DISEASE; AND
   (II) A RECOMMENDATION THAT IF SUCH PUPIL IS DIAGNOSED WITH SUCH CONDI-
 TION OR DISEASE THAT THE PARENT OR GUARDIAN TAKE THE  ACTIONS  NECESSARY
 TO ENSURE THE PUPIL MAY RECEIVE ASTHMA CONTROLLER MEDICATIONS AND ASTHMA
 RESCUE  MEDICATIONS  IN  SCHOOL. IF THE PUPIL IS ABLE TO SELF-CARRY, THE
 PARENT OR GUARDIAN TAKE THE ACTIONS NECESSARY UNDER SUBDIVISION  ONE  OF
 THIS  SECTION  FOR  SUCH PUPIL TO CARRY AND USE A PRESCRIBED INHALER AND
 SELF-ADMINISTER INHALED  RESCUE  MEDICATIONS  TO  ALLEVIATE  RESPIRATORY
 SYMPTOMS  OR TO PREVENT THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS
 DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL  FUNCTION  AS
 SUCH  TERMS  ARE  DEFINED,  RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF
 SECTION ELEVEN OF THIS CHAPTER.
   3. A school district, INCLUDING THE BOARD OF EDUCATION OF THE CITY  OF
 NEW  YORK, board of cooperative educational services and/or their agents

 A. 9689                             3
 
 or employees shall incur no legal or financial liability as a result  of
 any  harm  or  injury  sustained  by  a  pupil or other person caused by
 reasonable and good faith compliance with this section.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9689--A
 
                           I N  A S S E M B L Y
 
                             February 2, 2018
                                ___________
 
 Introduced  by  M. of A. SEPULVEDA, PICHARDO, WILLIAMS, CASTORINA, DICK-
   ENS, BLAKE, GOTTFRIED, COLTON,  STECK,  CROUCH,  LAWRENCE,  PALMESANO,
   ERRIGO,  D'URSO  --  Multi-Sponsored by -- M. of A. SIMON -- read once
   and referred to the Committee on Education  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the education law, in relation to  administering  asthma
   rescue  medications  and authorizing schools to possess and administer
   asthma rescue medications in emergency situations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section  6527 of the education law is
 amended by adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
   § 2. Subdivision 4 of section 6909 of the education law is amended  by
 adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
   §  3.  Section  916 of the education law, as amended by chapter 423 of
 the laws of 2014, is amended to read as follows:
   § 916. Pupils with asthma or  another  respiratory  disease  requiring
 rescue  inhaler treatment. 1. The board of education or trustees of each
 school district, INCLUDING THE BOARD OF EDUCATION OF  THE  CITY  OF  NEW
 YORK,  and  board of cooperative educational services shall allow pupils
 who have been diagnosed by a physician or other duly  authorized  health
 care provider with an asthmatic condition or another respiratory disease
 to carry and use a prescribed inhaler and self-administer inhaled rescue
 medications to alleviate respiratory symptoms or to prevent the onset of
 exercise  induced  asthmatic  symptoms  during  the school day on school
 property and at any school function as such terms are  defined,  respec-
 tively,  by  subdivisions one and two of section eleven of this chapter,
 with the written permission of a  physician  or  other  duly  authorized
 health  care provider, and written parental consent. The written permis-
 sion shall include an attestation by the physician or  the  health  care
 provider confirming the following: (a) the pupil is diagnosed with asth-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14183-05-8

 A. 9689--A                          2
 
 ma  or  another respiratory disease for which inhaled rescue medications
 are prescribed to alleviate respiratory symptoms or to prevent the onset
 of exercise induced asthmatic symptoms;  and  (b)  that  the  pupil  has
 demonstrated  that  he or she can self-administer the prescribed inhaled
 rescue medication  effectively.    The  written  permission  shall  also
 include  the name of the prescribed inhaled rescue medication, the dose,
 the times when the medication is to be taken,  the  circumstances  which
 may  warrant  the use of the medication and the length of time for which
 the inhaler is prescribed. A record of such consent and permission shall
 be maintained in the student's cumulative health  record.  In  addition,
 upon the written request of a parent or person in parental relation, the
 board of education or trustees of a school district, INCLUDING THE BOARD
 OF  EDUCATION  OF  THE CITY OF NEW YORK, and board of cooperative educa-
 tional services shall allow such pupils to maintain an extra such inhal-
 er in the care and custody of  a  licensed  nurse,  nurse  practitioner,
 physician assistant, or physician employed by such district, THE CITY OF
 NEW  YORK,  or  board  of cooperative educational services, and shall be
 readily accessible to such pupil. [Nothing in this section shall require
 a school district or board of cooperative educational services to retain
 a licensed nurse, nurse practitioner, physician assistant, or  physician
 solely  for  the  purpose  of  taking custody of a spare inhaler for the
 treatment of asthma or a respiratory disease requiring rescue medication
 treatment, or require that a licensed nurse, nurse practitioner,  physi-
 cian  assistant,  or  physician  be  available  at all times in a school
 building for the purpose of taking custody of the inhaler.] In addition,
 the medication provided by the pupil's parents or  persons  in  parental
 relation  shall  be  made available to the pupil as needed in accordance
 with the school district's, BOARD  OF  EDUCATION  OF  THE  CITY  OF  NEW
 YORK'S,  or  board  of  cooperative educational services' policy and the
 orders prescribed in the written permission of the  physician  or  other
 authorized health care provider.
   2.  (A)  SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES,
 COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER  SCHOOLS,  AND
 NON-PUBLIC  ELEMENTARY  AND  SECONDARY SCHOOLS IN THIS STATE MAY PROVIDE
 AND MAINTAIN ON-SITE IN EACH INSTRUCTIONAL SCHOOL FACILITY ASTHMA RESCUE
 MEDICATIONS IN QUANTITIES AND  TYPES  DEEMED  BY  THE  COMMISSIONER,  IN
 CONSULTATION  WITH  THE  COMMISSIONER OF HEALTH, AND FOR THE CITY OF NEW
 YORK, THE COMMISSIONER OF HEALTH OF THE CITY OF NEW YORK, TO BE ADEQUATE
 TO ENSURE READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
   (B) EVERY PARENT OR GUARDIAN OF A PUPIL WHO IS ADMINISTERED SUCH ASTH-
 MA RESCUE MEDICATIONS SHALL BE NOTIFIED IN WRITING OF SUCH INCIDENT. THE
 REQUIRED CONTENT OF SUCH NOTIFICATION SHALL BE DETERMINED BY THE COMMIS-
 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,  AND  FOR  THE
 CITY  OF  NEW  YORK, THE COMMISSIONER OF HEALTH OF THE CITY OF NEW YORK,
 AND SHALL AT A MINIMUM INCLUDE:
   (I) A RECOMMENDATION THAT SUCH PUPIL BE EVALUATED BY  A  PHYSICIAN  OR
 OTHER  DULY  AUTHORIZED  HEALTH CARE PROVIDER TO DETERMINE IF SUCH PUPIL
 HAS AN ASTHMATIC CONDITION OR ANOTHER RESPIRATORY DISEASE; AND
   (II) A RECOMMENDATION THAT IF SUCH PUPIL IS DIAGNOSED WITH SUCH CONDI-
 TION OR DISEASE THAT THE PARENT OR GUARDIAN TAKE THE  ACTIONS  NECESSARY
 TO ENSURE THE PUPIL MAY RECEIVE ASTHMA CONTROLLER MEDICATIONS AND ASTHMA
 RESCUE  MEDICATIONS  IN  SCHOOL. IF THE PUPIL IS ABLE TO SELF-CARRY, THE
 PARENT OR GUARDIAN TAKE THE ACTIONS NECESSARY UNDER SUBDIVISION  ONE  OF
 THIS  SECTION  FOR  SUCH PUPIL TO CARRY AND USE A PRESCRIBED INHALER AND
 SELF-ADMINISTER INHALED  RESCUE  MEDICATIONS  TO  ALLEVIATE  RESPIRATORY
 SYMPTOMS  OR TO PREVENT THE ONSET OF EXERCISE INDUCED ASTHMATIC SYMPTOMS

 A. 9689--A                          3

 DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL  FUNCTION  AS
 SUCH  TERMS  ARE  DEFINED,  RESPECTIVELY, BY SUBDIVISIONS ONE AND TWO OF
 SECTION ELEVEN OF THIS CHAPTER.
   3.  A school district, INCLUDING THE BOARD OF EDUCATION OF THE CITY OF
 NEW YORK, board of cooperative educational services and/or their  agents
 or  employees shall incur no legal or financial liability as a result of
 any harm or injury sustained by  a  pupil  or  other  person  caused  by
 reasonable and good faith compliance with this section.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.