S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6258
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07647-01-9

 A. 6258                             2
 
 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, THE CITY OF NEW YORK, or board of cooperative  educa-
 tional  services  to retain a licensed nurse, nurse practitioner, physi-
 cian 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, 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 physi-
 cian 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

 A. 6258                             3
 
 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
 to be made and completed on or before such effective date.