S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5432
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 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 (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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06433-01-3
              

 A. 5432                             2
 
 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
 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
 A. 5432                             3
 
 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.