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
              

 S. 9390                             2
 
   (D) THE DOSE, ROUTE, AND TIMING OF  THE  ADMINISTRATION  OF  OVER-THE-
 COUNTER  MEDICATION TO CHILDREN ATTENDING A CAMP PURSUANT TO THIS SUBDI-
 VISION SHALL COMPLY WITH DOSING INSTRUCTIONS LISTED  ON  THE  MEDICATION
 PACKAGING.
   §  2.  Section  901  of  the  education law is amended by adding a new
 subdivision 3 to read as follows:
   3. (A) FOR THE PURPOSES OF THIS SUBDIVISION, "OVER-THE-COUNTER MEDICA-
 TION":
   (I) SHALL MEAN A MEDICATION OR OTHER TREATMENT WHICH HAS BEEN APPROVED
 BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SALE  WITHOUT  A  PHYSI-
 CIAN'S  ORDER AND FOR WHICH THE FEDERAL FOOD AND DRUG ADMINISTRATION HAS
 ESTABLISHED DOSING INSTRUCTIONS WHICH APPEAR ON THE  PACKAGING  OF  SUCH
 MEDICATION; AND
   (II)  MAY  INCLUDE  ORAL  MEDICATIONS,  TOPICAL MEDICATIONS, AND OTHER
 TOPICAL PRODUCTS, INCLUDING BUT NOT LIMITED TO, INSECT REPELLANTS.
   (B) EACH SCHOOL SHALL ALLOW CERTAIN  SCHOOL  PERSONNEL  TO  ADMINISTER
 OVER-THE-COUNTER  MEDICATIONS TO STUDENTS ATTENDING SUCH SCHOOL WITH THE
 PERMISSION OF THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION  TO  THE
 CHILD,  UPON  A REQUEST BY THE CHILD, OR UPON A DETERMINATION BY CERTAIN
 SCHOOL PERSONNEL. SUCH  ADMINISTRATION  OF  OVER-THE-COUNTER  MEDICATION
 SHALL  NOT  REQUIRE  INPUT  FROM A HEALTH PROFESSIONAL. A RECORD OF SUCH
 PERMISSION, REQUEST, OR DETERMINATION SHALL BE MAINTAINED BY THE SCHOOL.
 SUCH PERMISSION OF PARENTS OR OTHER PERSONS IN PARENTAL  RELATION  TO  A
 CHILD  TO ADMINISTER AN OVER-THE-COUNTER MEDICATION TO SUCH CHILD MAY BE
 MADE IN ADVANCE OF NEED BY WAY OF A WRITTEN REQUEST THAT  IS  SIGNED  BY
 SUCH  PARENTS  OR  OTHER  PERSONS  IN PARENTAL RELATION TO THE CHILD AND
 LISTS WHICH MEDICATIONS AND DOSES MAY BE ADMINISTERED TO SUCH CHILD.
   (C) OVER-THE-COUNTER MEDICATION ADMINISTERED TO STUDENTS  PURSUANT  TO
 PARAGRAPH (B) OF THIS SUBDIVISION MAY BE PROVIDED BY:
   (I) THE PARENTS OR OTHER PERSONS IN PARENTAL RELATION TO THE CHILD; OR
   (II)  AN  ADULT  IN  WHOSE  CARE  SUCH  STUDENT  OR  ATTENDEE HAS BEEN
 ENTRUSTED AND HAS BEEN AUTHORIZED BY THE PARENTS  OR  OTHER  PERSONS  IN
 PARENTAL  RELATION  TO  THE CHILD TO CONSENT TO ANY HEALTH CARE FOR SUCH
 CHILD.
   (D) THE DOSE, ROUTE, AND TIMING OF  THE  ADMINISTRATION  OF  OVER-THE-
 COUNTER MEDICATION TO STUDENTS PURSUANT TO THIS SUBDIVISION SHALL COMPLY
 WITH DOSING INSTRUCTIONS LISTED ON THE MEDICATION PACKAGING.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule of 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.