Senate Bill S9390

2023-2024 Legislative Session

Allows schools and camps to implement a policy to administer over-the-counter medication to students and children attending such schools or camps

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health 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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2023-S9390 (ACTIVE) - Details

See Assembly Version of this Bill:
A10478
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §1394, Pub Health L; amd §901, Ed L

2023-S9390 (ACTIVE) - Summary

Allows schools and camps to implement a policy to administer over-the-counter medication to students and children attending such schools or camps upon written request by such students' and children's parents or guardians.

2023-S9390 (ACTIVE) - Sponsor Memo

2023-S9390 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9390
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to the administration by a school or camp of over-the-counter  medica-
   tion to children attending such school or camp
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1394 of the public health law is amended by  adding
 a new subdivision 10 to read as follows:
   10.  (A) FOR THE PURPOSES OF THIS SUBDIVISION, "OVER-THE-COUNTER MEDI-
 CATION" SHALL MEAN A  MEDICATION  OR  OTHER  TREATMENT  WHICH  HAS  BEEN
 APPROVED  BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SALE WITHOUT A
 PHYSICIAN'S ORDER AND FOR WHICH THE FEDERAL FOOD AND DRUG ADMINISTRATION
 HAS ESTABLISHED DOSING INSTRUCTIONS WHICH APPEAR  ON  THE  PACKAGING  OF
 SUCH MEDICATION.
   (B)  EACH  CHILDREN'S  OVERNIGHT  CAMP,  SUMMER DAY CAMP AND TRAVELING
 SUMMER DAY CAMP SHALL ALLOW CERTAIN CAMP PERSONNEL TO  ADMINISTER  OVER-
 THE-COUNTER  MEDICATIONS,  WITH THE PERMISSION OF THE PARENT OR GUARDIAN
 OF THE CHILD, TO CHILDREN ATTENDING SUCH CAMP AND UPON A REQUEST BY  THE
 CHILD,  OR UPON A DETERMINATION BY CERTAIN CAMP PERSONNEL. SUCH ADMINIS-
 TRATION OF OVER-THE-COUNTER MEDICATIONS SHALL NOT REQUIRE INPUT  FROM  A
 LICENSED  HEALTHCARE  PROVIDER. A RECORD OF SUCH PERMISSION, REQUEST, OR
 DETERMINATION SHALL BE MAINTAINED BY THE  CAMP.  SUCH  PERMISSION  OF  A
 PARENT  OR GUARDIAN OF A CHILD TO ADMINISTER AN OVER-THE-COUNTER MEDICA-
 TION TO SUCH CHILD MAY BE MADE IN ADVANCE OF NEED BY WAY  OF  A  WRITTEN
 REQUEST  THAT IS SIGNED BY SUCH PARENT OR GUARDIAN AND LISTS WHICH MEDI-
 CATIONS AND DOSES MAY BE ADMINISTERED TO SUCH CHILD.
   (C) OVER-THE-COUNTER MEDICATION ADMINISTERED TO CHILDREN  ATTENDING  A
 CAMP PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION MAY BE PROVIDED BY:
   (I) THE PARENT OR GUARDIAN OF THE CHILD; OR
   (II) AN ADULT IN WHOSE CARE SUCH CHILD HAS BEEN ENTRUSTED AND HAS BEEN
 AUTHORIZED  BY  THE  PARENT  OR GUARDIAN OF SUCH CHILD TO CONSENT TO ANY
 HEALTH CARE FOR SUCH CHILD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15262-01-4
              

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