S T A T E O F N E W Y O R K
________________________________________________________________________
4971--A
Cal. No. 1636
2017-2018 Regular Sessions
I N S E N A T E
March 3, 2017
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Education -- reported
favorably from said committee and committed to the Committee on Rules
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place in the order of third reading
AN ACT to amend the education law and the public health law, in relation
to a sepsis awareness, prevention and education program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Rory
Staunton's law."
§ 2. Section 305 of the education law is amended by adding a new
subdivision 56 to read as follows:
56. A. THE COMMISSIONER SHALL CONSULT AND COLLABORATE WITH THE COMMIS-
SIONER OF HEALTH AND ORGANIZATIONS THAT PROMOTE SEPSIS AWARENESS,
PREVENTION AND EDUCATION, AS WELL AS OTHER INTERESTED PARTIES, TO ESTAB-
LISH AND DEVELOP A SEPSIS AWARENESS, PREVENTION AND EDUCATION PROGRAM
WITHIN THE DEPARTMENT. SUCH PROGRAM SHALL BE DEFINED BY THE COMMISSIONER
IN REGULATIONS AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH AND BE
DESIGNED TO EDUCATE STUDENTS, PARENTS AND SCHOOL PERSONNEL ABOUT SEPSIS
AWARENESS AND PREVENTION. SUCH PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED
TO:
(I) AGE-APPROPRIATE MODEL CURRICULUM, EXEMPLAR LESSON PLANS, AND BEST
PRACTICE INSTRUCTIONAL RESOURCES FOR STUDENTS, PARENTS AND SCHOOL
PERSONNEL DESIGNED TO PROMOTE AWARENESS AND PREVENTION METHODS AGAINST
SEPSIS. SUCH MODEL CURRICULUM, LESSON PLANS AND INSTRUCTIONAL RESOURCES
SHALL INCLUDE BUT NOT BE LIMITED TO GUIDELINES AND METHODS OF
PREVENTION, INCLUDING RECOMMENDATIONS FOR THE REDUCTION OF EXPOSURE TO
SEPSIS AND AN APPROPRIATE COURSE OF ACTION FOR SEPSIS TREATMENT;
(II) INSTRUCTIONAL TOOLS AND MATERIALS FOR STUDENTS, PARENTS AND
SCHOOL PERSONNEL DEVELOPED IN COLLABORATION WITH THE COMMISSIONER OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10229-04-7
S. 4971--A 2
HEALTH, WHICH SHALL INCLUDE UPDATED DATA AND INFORMATION ON SEPSIS
AWARENESS AND PREVENTION, WITH A REVIEW OF SUCH DATA AND INFORMATION TO
OCCUR PERIODICALLY, AT INTERVALS DEEMED APPROPRIATE BY THE COMMISSIONER
AND THE COMMISSIONER OF HEALTH; AND
(III) PUBLIC AVAILABILITY OF ALL MATERIALS RELATED TO THE SEPSIS
AWARENESS, PREVENTION AND EDUCATION PROGRAM ON A DEDICATED WEBPAGE ON
THE DEPARTMENT'S INTERNET WEBSITE, AND PROVIDED AT NO COST TO EVERY
SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER
SCHOOL AND NONPUBLIC SCHOOL UPON REQUEST.
B. THE COMMISSIONER SHALL ISSUE A GUIDANCE MEMORANDUM TO EVERY SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOL AND
NONPUBLIC SCHOOL, TO INFORM THEM OF THE AVAILABILITY OF THE SEPSIS
AWARENESS, PREVENTION AND EDUCATION PROGRAM AND TO ENCOURAGE THEM TO
DEVELOP POLICIES AND PROCEDURES, IN CONSULTATION WITH THEIR DIRECTOR OF
SCHOOL HEALTH SERVICES, OR THE SUBSTANTIAL EQUIVALENT AS DETERMINED BY
THE COMMISSIONER IN REGULATIONS, REGARDING WHEN PARENTS AND PERSONS IN
PARENTAL RELATIONS ARE TO BE NOTIFIED OF ILLNESS OR INJURIES OCCURRING
IN SCHOOL WHICH AFFECTS THEIR CHILD, IN ACCORDANCE WITH ARTICLE NINETEEN
OF THIS CHAPTER. THE COMMISSIONER SHALL ANNUALLY REMIND SCHOOL
DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER SCHOOLS
AND NONPUBLIC SCHOOLS, OF THE AVAILABILITY OF SEPSIS AWARENESS AND
PREVENTION MATERIALS AS PART OF SEPSIS AWARENESS MONTH.
§ 3. Section 6505-b of the education law, as amended by chapter 477 of
the laws of 2008, is amended to read as follows:
§ 6505-b. Course work or training in infection control practices.
Every dentist, registered nurse, licensed practical nurse, podiatrist,
optometrist and dental hygienist practicing in the state shall, on or
before July first, nineteen hundred ninety-four and every four years
thereafter, complete course work or training appropriate to the profes-
sional's practice approved by the department regarding infection
control, WHICH SHALL INCLUDE SEPSIS, and barrier precautions, including
engineering and work practice controls, in accordance with regulatory
standards promulgated by the department, in consultation with the
department of health, which shall be consistent, as far as appropriate,
with such standards adopted by the department of health pursuant to
section two hundred thirty-nine of the public health law to prevent the
transmission of HIV, HBV [or], HCV AND SEPSIS in the course of profes-
sional practice. Each such professional shall document to the department
at the time of registration commencing with the first registration after
July first, nineteen hundred ninety-four that the professional has
completed course work or training in accordance with this section,
provided, however that a professional subject to the provisions of para-
graph (f) of subdivision one of section twenty-eight hundred five-k of
the public health law shall not be required to so document. The depart-
ment shall provide an exemption from this requirement to anyone who
requests such an exemption and who (i) clearly demonstrates to the
department's satisfaction that there would be no need for him or her to
complete such course work or training because of the nature of his or
her practice or (ii) that he or she has completed course work or train-
ing deemed by the department to be equivalent to the course work or
training approved by the department pursuant to this section. The
department shall consult with organizations representative of
professions, institutions and those with expertise in infection control
and HIV, HBV [and], HCV AND SEPSIS with respect to the regulatory stand-
ards promulgated pursuant to this section.
S. 4971--A 3
§ 4. Subdivision (a) of section 239 of the public health law, as
amended by chapter 477 of the laws of 2008, is amended to read as
follows:
(a) Every physician, physician assistant and specialist assistant
practicing in the state shall, on or before July first, nineteen hundred
ninety-four and every four years thereafter, complete course work or
training, appropriate to the professional's practice, approved by the
department regarding infection control, WHICH SHALL INCLUDE SEPSIS, and
barrier precautions, including engineering and work practice controls,
in accordance with regulatory standards promulgated by the department in
consultation with the department of education, to prevent the trans-
mission of HIV, HBV [or], HCV AND SEPSIS in the course of professional
practice. Such coursework or training must also be completed by every
medical student, medical resident and physician assistant student in the
state as part of the orientation programs conducted by medical schools,
medical residency programs and physician assistant programs.
§ 5. Every dentist, registered nurse, licensed practical nurse, podia-
trist, optometrist, dental hygienist, physician, physician assistant and
special assistant practicing in the state who is required to complete
course work or training that includes sepsis as required by section
6505-b of the education law or subdivision (a) of section 239 of the
public health law shall first be required to complete such course work
or training that includes such topics on or before July 1, 2022.
§ 6. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; 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 are authorized to be made or completed on or before such
effective date.
