S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1019
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01190-01-1

 S. 1019                             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, 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

 S. 1019                             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
 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
 ________________________________________________________________________
 
                                  1019--B
     Cal. No. 502
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAMINSKY,  ADDABBO,  GAUGHRAN  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Education  in  accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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, OR IN THE CASE OF THE CITY SCHOOL DISTRICT OF NEW YORK,
 THE CHANCELLOR OF THE CITY SCHOOL DISTRICT,  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 asthmat-
 ic  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01190-04-2
 S. 1019--B                          2
 
 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, with the
 written  permission  of a physician or other duly authorized health care
 provider, and written parental consent.  The  written  permission  shall
 include  an  attestation  by  the  physician or the health care provider
 confirming the following: (a) the pupil  is  diagnosed  with  asthma  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 demon-
 strated 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  main-
 tained  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, OR IN THE CASE OF  THE  CITY
 SCHOOL  DISTRICT  OF  NEW YORK, THE CHANCELLOR, and board of cooperative
 educational services shall allow such pupils to maintain an  extra  such
 inhaler 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) THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT,  OR
 IN  THE  CASE OF THE CITY SCHOOL DISTRICT OF NEW YORK, THE CHANCELLOR OF
 THE CITY SCHOOL DISTRICT, AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
 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
 SUPERVISED USE BY A REGISTERED NURSE DURING EMERGENCIES.  SUCH EMERGENCY
 USE OF ASTHMA RESCUE MEDICATION  SHALL  ONLY  BE  USED  IF  THE  PUPIL'S
 PRESCRIBED  ASTHMA  RESCUE  MEDICATION  OR  SPARE INHALER IS NOT READILY
 ACCESSIBLE OR IN EMERGENCY SITUATIONS WHERE A PUPIL DOES NOT HAVE ACCESS
 TO ANY ASTHMA RESCUE MEDICATION.
   (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:
 S. 1019--B                          3
 
   (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 AND DEVELOPS AN ASTHMA ACTION PLAN.  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  MEDICA-
 TIONS TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF EXER-
 CISE 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, 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1019--C
     Cal. No. 502
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAMINSKY,  ADDABBO,  GAUGHRAN  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Education  in  accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee, ordered to  first  and  second
   report,  ordered  to  a  third reading, amended and ordered reprinted,
   retaining its place in the order of third reading -- again amended and
   ordered reprinted, retaining its place in the order of third reading
 
 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 (i) to read as follows:
   (I) ADMINISTERING ASTHMA RESCUE MEDICATIONS.
   § 2. Subdivision 4 of section 6909 of the education law is amended  by
 adding a new paragraph (i) to read as follows:
   (I) 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, OR IN THE CASE OF THE CITY SCHOOL DISTRICT OF NEW YORK,
 THE CHANCELLOR OF THE CITY SCHOOL DISTRICT,  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 asthmat-
 ic  condition  or  another  respiratory  disease  to  carry  and  use  a
 prescribed  inhaler  and  self-administer  inhaled rescue medications to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01190-06-2
 S. 1019--C                          2
 
 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, with the
 written permission of a physician or other duly authorized  health  care
 provider,  and  written  parental  consent. The written permission shall
 include an attestation by the physician  or  the  health  care  provider
 confirming  the  following:  (a)  the  pupil is diagnosed with asthma 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  demon-
 strated 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 main-
 tained 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, OR IN THE CASE OF THE CITY
 SCHOOL DISTRICT OF NEW YORK, THE CHANCELLOR, and  board  of  cooperative
 educational  services  shall allow such pupils to maintain an extra such
 inhaler 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) THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT, OR
 IN THE CASE OF THE CITY SCHOOL DISTRICT OF NEW YORK, THE  CHANCELLOR  OF
 THE CITY SCHOOL DISTRICT, AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
 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
 SUPERVISED USE BY A REGISTERED NURSE, WHERE PRACTICABLE, DURING EMERGEN-
 CIES.  SUCH EMERGENCY USE OF ASTHMA RESCUE MEDICATION SHALL ONLY BE USED
 IF  THE  PUPIL'S PRESCRIBED ASTHMA RESCUE MEDICATION OR SPARE INHALER IS
 NOT READILY ACCESSIBLE OR IN EMERGENCY SITUATIONS WHERE A PUPIL DOES NOT
 HAVE ACCESS TO ANY ASTHMA RESCUE MEDICATION.
   (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
 S. 1019--C                          3
 
 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 AND DEVELOPS AN ASTHMA ACTION PLAN.  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  MEDICA-
 TIONS TO ALLEVIATE RESPIRATORY SYMPTOMS OR TO PREVENT THE ONSET OF EXER-
 CISE 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, 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.