NY State Senate Bill 2017-S2361

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 13, 2017	referred to finance

2017-S2361 (ACTIVE) - Details

See Assembly Version of this Bill:: A409
Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Add §804-e, amd §919, Ed L; amd §2, Chap 672 of 2007
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6504
2013-2014: S959
2015-2016: S2569, A8655
2019-2020: S3767, A813
2021-2022: S3273, A7819
2023-2024: S4931, A2706

2017-S2361 (ACTIVE) - Summary

Requires nebulizers on school grounds; makes an appropriation therefor.

2017-S2361 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2361

 TITLE OF BILL :  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

 PURPOSE :

This bill requires that nebulizers be present on all school grounds
for use during emergencies.

 SUMMARY OF PROVISIONS :

Section 1 of the bill provides that 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 CPR instruction is given.
Requires that all health education teachers be certified to teach said
curriculum.

Section 2 provides that School districts, BOCES, county vocational
education and extension boards and charter schools shall have on-site
nebulizers in all public and private school buildings; requires that
there be at least on trained staff person at all school sponsored or
approved curricular or extracurricular events.

Section 3 amends the Education Law in relation to maintaining on-site
nebulizers.

Section 4 requires the state to make an appropriation to the
department of Education for reimbursement of school districts and
boards of cooperative educational services for the purposes of
implementing this act.

Section 5 provides the effective date.

 JUSTIFICATION :

In 2003, a college football player, who only had access to an
albuterol inhaler, died during an asthma attack on the field. The U.S.
Centers for Disease Control estimates 7.1 million children in the
nation are asthmatic. As seen in 2003, the potential for death from an
asthma exacerbation exists on the athletic field, both during and
after an athletic competition. It is vital that our student athletes
and school staff have access to the best treatment during a medical
emergency.

Dr. Harvey Miller, a specialist in allergy, asthma, and immunology,
has developed a pilot program to provide on-site nebulizers in
emergency situations to ensure the safety of athletes with Bronchial
Asthma. On-site nebulizers could prevent scores of asthma related
deaths among student athletes. Nebulizers transform the potent drug
albuterol into an inhalable mist. The drug relaxes the smooth muscles
of the airways to restore normal breathing.

This bill would implement Dr. Miller's Asthma Nebulizer Emergency
Pilot Program (ANEP), which requires nebulizers on school grounds for
use during an emergency, which would undoubtedly save countless young
lives.

 LEGISLATIVE HISTORY :

2015-2016: S.2569 - Referred to Finance
2013-2014: S.9959 - Referred to Finance
2011-2012: S.6504/A.8808 - Died in Finance
 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

None, as the bill requires the state to reimburse local schools for
the costs associated with implementing this act.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2017-S2361 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2361
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 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:
   § 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

 S. 2361                             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.

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Senate Bill S2361

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S2361 (ACTIVE) - Details

2017-S2361 (ACTIVE) - Summary

2017-S2361 (ACTIVE) - Sponsor Memo

2017-S2361 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2361

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S2361 (ACTIVE) - Details

2017-S2361 (ACTIVE) - Summary

2017-S2361 (ACTIVE) - Sponsor Memo

2017-S2361 (ACTIVE) - Bill Text download pdf

Comments