Senate Bill S8536A

2021-2022 Legislative Session

Relates to the use of airway clearance devices in schools

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2021-S8536 - Details

See Assembly Version of this Bill:
A9468
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §924, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S7018, A6634

2021-S8536 - Summary

Provides for the use of airway clearance devices in schools; provides for training for school employees.

2021-S8536 - Sponsor Memo

2021-S8536 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8536
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 the  use  of  portable
   non-invasive anti-choking devices in schools
 
   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 924 to
 read as follows:
   § 924. ANTI-CHOKING DEVICES IN SCHOOLS. 1. EACH BOARD OF EDUCATION  OF
 A  PUBLIC SCHOOL DISTRICT AND THE GOVERNING BOARD OR CHIEF SCHOOL ADMIN-
 ISTRATOR OF A NON-PUBLIC SCHOOL IN THE STATE SHALL ENSURE THAT AT  LEAST
 ONE PORTABLE ANTI-CHOKING DEVICE IS MADE AVAILABLE IN THE CAFETERIA, THE
 OFFICE OF THE SCHOOL NURSE, AND ANY OTHER SIMILAR LOCATION. SUCH DEVICES
 SHALL  BE  PLACED IN UNLOCKED AND EASILY ACCESSIBLE LOCATIONS DURING THE
 SCHOOL DAY AND AT ANY OTHER TIME WHEN A SCHOOL-SPONSORED EVENT IS TAKING
 PLACE. THE LOCATIONS OF EACH DEVICE SHALL HAVE AN APPROPRIATE  IDENTIFY-
 ING  SIGN.  FOR PURPOSES OF THIS SECTION, "PORTABLE ANTI-CHOKING DEVICE"
 MEANS A PORTABLE MEDICAL DEVICE THAT USES MANUALLY  CREATED  SUCTION  TO
 REMOVE  BLOCKAGE FROM THE AIRWAY DURING A CHOKING EMERGENCY AND HAS BEEN
 REGISTERED AS A CLASS II ACUTE UPPER AIRWAY OBSTRUCTION DEVICE WITH  THE
 UNITED STATES FOOD AND DRUG ADMINISTRATION.
   2. EACH BOARD OF EDUCATION OF A PUBLIC SCHOOL DISTRICT AND THE GOVERN-
 ING  BOARD  OR  CHIEF ADMINISTRATOR OF A NON-PUBLIC SCHOOL SHALL DEVELOP
 POLICIES FOR THE USE OF PORTABLE ANTI-CHOKING DEVICES BY  SCHOOL  NURSES
 AND SCHOOL EMPLOYEES. SUCH POLICIES SHALL INCLUDE A REQUIREMENT THAT ALL
 SCHOOL NURSES AND SCHOOL EMPLOYEES RECEIVE TRAINING IN AIRWAY MANAGEMENT
 AND  IN  THE REMOVAL OF ANY OBSTRUCTION FROM THE AIRWAY USING A PORTABLE
 ANTI-CHOKING DEVICE.
   3. THE COMMISSIONER SHALL ENSURE THAT ANNUAL EDUCATIONAL OPPORTUNITIES
 ARE MADE AVAILABLE FOR SCHOOL NURSES AND EMPLOYEES OF  BOTH  PUBLIC  AND
 NON-PUBLIC  SCHOOLS  REGARDING AIRWAY MANAGEMENT AND THE USE OF PORTABLE
 ANTI-CHOKING DEVICES.
   4. THE DEPARTMENT SHALL PROVIDE FOR THE  REIMBURSEMENT  OF  THE  COSTS
 INCURRED  BY SCHOOL DISTRICTS AND NON-PUBLIC SCHOOLS IN IMPLEMENTING THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-S8536A (ACTIVE) - Details

See Assembly Version of this Bill:
A9468
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §924, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S7018, A6634

2021-S8536A (ACTIVE) - Summary

Provides for the use of airway clearance devices in schools; provides for training for school employees.

2021-S8536A (ACTIVE) - Sponsor Memo

2021-S8536A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8536--A
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sens.  THOMAS,  ADDABBO,  BOYLE, LANZA -- 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
 
 AN ACT to amend the education law, in relation  to  the  use  of  airway
   clearance devices in schools

   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 924 to
 read as follows:
   § 924. AIRWAY CLEARANCE DEVICES IN SCHOOLS. 1. FOR  PURPOSES  OF  THIS
 SECTION,  "AIRWAY CLEARANCE DEVICE" MEANS A PORTABLE MEDICAL DEVICE THAT
 USES MANUALLY CREATED SUCTION TO REMOVE BLOCKAGE FROM THE AIRWAY  DURING
 A  CHOKING  EMERGENCY  AND HAS BEEN REGISTERED AS A CLASS II ACUTE UPPER
 AIRWAY OBSTRUCTION DEVICE WITH THE UNITED STATES FOOD AND DRUG  ADMINIS-
 TRATION.
   2.  A  SCHOOL THAT HAS AN AIRWAY CLEARANCE DEVICE ON PREMISES, WHETHER
 PURCHASED OR DONATED, SHALL DEVELOP  POLICIES  FOR  THE  USE  OF  AIRWAY
 CLEARANCE  DEVICES  BY SCHOOL NURSES AND SCHOOL EMPLOYEES. SUCH POLICIES
 SHALL INCLUDE A REQUIREMENT THAT THE SCHOOL DESIGNATE SCHOOL  NURSES  OR
 SCHOOL  EMPLOYEES  TO  RECEIVE  TRAINING IN AIRWAY MANAGEMENT AND IN THE
 REMOVAL OF ANY OBSTRUCTION FROM THE AIRWAY  USING  AN  AIRWAY  CLEARANCE
 DEVICE.
   3.  THE  COST OF TRAINING SCHOOL NURSES AND EMPLOYEES REGARDING AIRWAY
 MANAGEMENT AND THE USE OF AIRWAY CLEARANCE DEVICES MAY BE REIMBURSED  IF
 NECESSARY AS DETERMINED BY THE SCHOOL BOARD.
   4.  ANY  SCHOOL THAT PURCHASES, OPERATES, OR MAKES AVAILABLE AN AIRWAY
 CLEARANCE DEVICE PURSUANT TO  THIS  SECTION  SHALL  NOT  BE  LIABLE  FOR
 DAMAGES ARISING FROM THE USE OF SUCH DEVICE BY  A PERSON WHO VOLUNTARILY
 AND  WITHOUT  EXPECTATION  OF    MONETARY COMPENSATION RENDERS EMERGENCY
 TREATMENT THAT INCLUDES THE USE OF SUCH DEVICE, EXCEPT  AS  PROVIDED  IN
 SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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