NY State Senate Bill 2025-S3964

Senate Bill S3964

2025-2026 Legislative Session

Relates to including rescue inhaler prescriptions for asthma and other chronic respiratory diseases for individuals under age nineteen in the statewide immunization information system

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2025	referred to health

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2025-S3964 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2168, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7337
2021-2022: S1410
2023-2024: S4783

2025-S3964 (ACTIVE) - Summary

Relates to including rescue inhaler prescriptions for asthma and other chronic respiratory diseases for individuals under age nineteen in the statewide immunization information system.

2025-S3964 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3964

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to including rescue
inhaler prescriptions for asthma and other chronic respiratory diseases
for individuals under age nineteen in the statewide immunization infor-
mation system

 
PURPOSE:

Includes rescue inhaler treatment prescriptions for chronic respiratory
diseases in the statewide immunization information system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraphs (a) and (c) of subdivision 1, paragraphs
(b), (c), and (d) of subdivision 2, paragraph (a) of subdivision 3,
paragraphs (b), (c), and (d) of subdivision 8, and subdivisions 10 and
11 of section 2168 of the Public Health Law, as it relates to the immun-
ization information system, to mandate the reporting rescue inhaler

treatment prescriptions for asthma and other chronic diseases for indi-
viduals under nineteen years of age in the statewide immunization infor-
mation system (SITS). For the purpose of this bill, this section also
defines the terms "statewide immunization information system," "citywide
immunization registry," "health care provider, and "rescue inhaler".

Section 2 provides the effective date.

 
JUSTIFICATION:

Rescue inhaler prescriptions, also known as quick-relief medications,
are drugs that rapidly relax airway muscles and increase airflow,
providing quick relief from acute respiratory symptoms such as coughing,
wheezing, chest tightness, and shortness of breath. Their effects typi-
cally begin within 5 to 10 minutes and last for three to six hours.
While they are occasionally used for rare chronic respiratory conditions
like pulmonary hypertension, rescue inhalers remain a cornerstone of
emergency treatment for acute asthma exacerbations in children.

Asthma is the most common chronic disease among children in the United
States, affecting over 315,000 children in New York. The condition is
characterized by significant racial and socioeconomic disparities,
disproportionately impacting racial minorities, particularly Black and
Puerto Rican children, as well as those from lower socioeconomic back-
grounds. Neighborhoods like the Bronx are especially affected, with high
rates of asthma-related exacerbations, as measured by emergency depart-
ment visits.

Asthma is also one of the leading causes of school absenteeism, with
students with asthma missing an average of 2.3 more school days per year
than those without asthma. To address these challenges and ensure the
safe management of asthma exacerbations in schools, 24 states, including
New York, have passed laws or issued administrative guidelines allowing
schools to stock rescue inhaler medications for students with asthma.

Despite the implementation of laws and guidelines, medication adherence
among NYC public school students remains low. According to the New York
State Department of Health's report Asthma Burden in NYC- January 2023,
one of the primary barriers to effective medication delivery is the low
completion and return rate of Medication Administration Forms (MAFs)
among students in high-need areas like the Bronx, compared to other
parts of the state. MAFs play a crucial role in enabling school adminis-
trators and staff, including nurses, to identify students who require
medications such as rescue inhalers. However, many families face chal-
lenges in navigating the process of completing and submitting these
forms.  Streamlining this process and centralizing the information-simi-
lar to the state's approach to immunization records and blood lead level
analyses-would provide schools with timely and accurate information
about children's asthma conditions. This, in turn, would empower school
staff to better manage and respond to asthma exacerbations.  Addi-
tionally, integrating rescue inhaler prescriptions into a centralized
registry would not only facilitate better care but also allow for data-
driven policies in the future by providing insights into inhaler usage
patterns.

The statewide immunization information system currently records and
verifies immunizations and blood lead level data, ensuring schools,
daycares, and camps have access to these critical details. Expanding
this system to include asthma and other respiratory diseases for which
rescue inhalers are prescribed would enhance the ability of caregivers
and educators to respond promptly and effectively to medical emergencies
related to these diseases.

This proposal is consistent with expert's recommendations made during
the Senate Health and Environmental Conservation Committees' Roundtable
Discussion on Asthma, held in the Bronx in November 2019.  One key
recommendation from this discussion was to include information about
children's asthma and other respiratory conditions in the statewide
immunization registry. Implementing this change would equip schools with
the necessary information to better assist children in managing their
asthma, ultimately improving health outcomes and ensuring safer school
environments.

 
LEGISLATIVE HISTORY:

2019-20: S7337/A10085 Reyes

2021-22: S1410/A2431 Reyes

2023-24: S4783/A6594 Reyes

 
FISCAL IMPLICATIONS:

Minimal cost as the registry already exists and savings to the state
Medicaid program are anticipated as better care coordination for
students is achieved.

 
EFFECTIVE DATE:
This act shall be effective immediately.

2025-S3964 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3964
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by Sens. RIVERA, BAILEY, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  including  rescue
   inhaler   prescriptions  for  asthma  and  other  chronic  respiratory
   diseases for individuals under age nineteen in the statewide immuniza-
   tion information system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (a) and (c) of subdivision 1, paragraphs (b),
 (c) and (d) of subdivision 2, paragraph (a) of subdivision 3, paragraphs
 (b), (c) and (d) of subdivision 8, and subdivisions 10 and 11 of section
 2168 of the public health law, paragraphs (a) and (c) of subdivision  1,
 paragraphs  (b),  (c)  and  (d)  of subdivision 2, and subdivision 10 as
 amended by section 7 of part A of chapter 58 of the laws of 2009,  para-
 graph (a) of subdivision 3 as amended by section 2-a of part DD of chap-
 ter  57 of the laws of 2018, paragraphs (b) and (c) of subdivision 8 and
 subdivision 11 as amended by chapter 829 of the laws of 2022, and  para-
 graph (d) of subdivision 8 as amended by chapter 532 of the laws of 2022
 and  subparagraph  (i) of paragraph (d) as separately amended by chapter
 44 of the laws of 2022, are amended and a new paragraph (i) of  subdivi-
 sion 2 is added to read as follows:
   (a)  collect reports of immunizations and thus reduce the incidence of
 illness, disability and death due to vaccine preventable diseases [and],
 collect results of blood lead analyses  performed  by  physician  office
 laboratories  to  provide  to  the  statewide registry of lead levels of
 children established pursuant to section thirteen hundred  seventy-a  of
 this chapter, AND COLLECT REPORTS OF RESCUE INHALER PRESCRIPTIONS;
   (c)  make  available to an individual, or parents, guardians, or other
 person in a custodial relation to a child or, to local health districts,
 local social services districts responsible for the care and custody  of
 children,  health  care  providers  and  their  designees,  schools, WIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06591-01-5

 S. 3964                             2
 
 programs, and third party payers the immunization  status  of  children,
 BLOOD LEAD ANALYSIS REPORT AND ANY RESCUE INHALER PRESCRIPTION; and
   (b)  The  term "statewide immunization information system" or "system"
 shall mean a statewide-computerized database maintained by  the  depart-
 ment  capable  of collecting, storing, and disclosing the electronic and
 paper records of vaccinations received, BLOOD LEAD ANALYSIS  AS  DEFINED
 IN SECTION THIRTEEN HUNDRED SEVENTY-A OF THIS CHAPTER, AND RESCUE INHAL-
 ER PRESCRIPTIONS by persons under nineteen years of age.
   (c) The term "citywide immunization registry" shall mean the computer-
 ized  database  maintained  by the city of New York department of health
 and mental hygiene capable of collecting, storing,  and  disclosing  the
 electronic and paper records of vaccinations received AND RESCUE INHALER
 PRESCRIPTIONS  by  persons  less  than  nineteen  years of age. The term
 "citywide immunization registry" shall not include the  childhood  blood
 lead registry established pursuant to the health code of the city of New
 York. For the purposes of this section the term New York city department
 of  health  and  mental hygiene, shall mean such agency or any successor
 agency responsible for the citywide immunization registry.
   (d) The term "health care provider" shall mean any  person  authorized
 by  law  to  order  an immunization [or], analysis of a blood sample for
 lead, OR PRESCRIBE A RESCUE INHALER or any health care facility licensed
 under article twenty-eight of this chapter or any certified home  health
 agency established under section thirty-six hundred six of this chapter;
 with respect to a person seeking or receiving a health care service from
 the health care provider.
   (I)  THE  TERM  "RESCUE INHALER" SHALL MEAN A RESCUE INHALER TREATMENT
 DEVICE AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  THREE
 THOUSAND-E  OF  THIS  CHAPTER  THAT HAS BEEN PRESCRIBED BY A HEALTH CARE
 PROVIDER FOR AN INDIVIDUAL WITH  ASTHMA  OR  OTHER  CHRONIC  RESPIRATORY
 DISEASE THAT IS UNDER AGE NINETEEN.
   (a)  (i)  Any  health  care  provider who administers any vaccine to a
 person less than nineteen years of age or, on or after September  first,
 two  thousand  nine, conducts a blood lead analysis of a sample obtained
 from a person under eighteen years of age in accordance  with  paragraph
 (h)  of  subdivision  two of this section, OR ON OR AFTER JANUARY FIRST,
 TWO THOUSAND TWENTY-FIVE PRESCRIBES A RESCUE INHALER TO  A  PERSON  LESS
 THAN  NINETEEN YEARS OF AGE, PROVIDED THAT THE FIRST RENEWAL OF AN ONGO-
 ING PRESCRIPTION IN EFFECT PRIOR TO SUCH DATE SHALL BE CONSIDERED A  NEW
 PRESCRIPTION  FOR  THE  PURPOSES  OF  THIS  SECTION;  and  immunizations
 received by a person less than nineteen years of age in the past if  not
 already reported, shall report all such immunizations [and], the results
 of any blood lead analysis, AND ANY PRESCRIPTION FOR A RESCUE INHALER to
 the  department  in a format prescribed by the commissioner within four-
 teen days of administration of such immunizations [or], of obtaining the
 results of any such blood lead analysis, OR OF PRESCRIBING  SUCH  RESCUE
 INHALER.      Health  care  providers  administering  immunizations,  OR
 PRESCRIBING A RESCUE INHALER to persons less than nineteen years of  age
 in the city of New York shall report, in a format prescribed by the city
 of  New York commissioner of health and mental hygiene, all such immuni-
 zations to the citywide immunization registry. Health care providers who
 conduct a blood lead analysis on a person under eighteen  years  of  age
 and  who report the results of such analysis OR PRESCRIPTION to the city
 of New York commissioner of health and mental hygiene  pursuant  to  New
 York  city  reporting requirements shall be exempt from this requirement
 for reporting blood lead analysis results AND  PRESCRIPTION  FOR  RESCUE
 INHALER  to  the  state commissioner of health; provided, however, blood
 S. 3964                             3
 
 lead analysis data collected from physician office laboratories  by  the
 commissioner of health and mental hygiene of the city of New York pursu-
 ant  to the health code of the city of New York shall be provided to the
 department in a format prescribed by the commissioner.
   (ii)  A  pharmacist  who administers a vaccine pursuant to subdivision
 two of section sixty-eight hundred one of the education law, to a person
 less than nineteen years of age, shall report all such immunizations  to
 the  department  in a format prescribed by the commissioner within four-
 teen days of administration of such immunizations. Pharmacists  adminis-
 tering  immunizations pursuant to subdivision two of section sixty-eight
 hundred one of the education law to persons less than nineteen years  of
 age  in the city of New York shall report, in a format prescribed by the
 city of New York commissioner of health and  mental  hygiene,  all  such
 immunizations to the citywide immunization registry.
   (b)  (i)  The commissioner may use the statewide immunization informa-
 tion system [and], the blood lead ANALYSIS, AND RESCUE INHALER  informa-
 tion  in  such  system for purposes of outreach, quality improvement and
 accountability, including professional responsibility proceedings of the
 office of professional medical conduct and the state  education  depart-
 ment,  research,  epidemiological  studies  and  disease control, and to
 obtain blood lead test results from physician  office  laboratories  for
 the  statewide  registry of lead levels of children established pursuant
 to subdivision two of section thirteen hundred seventy-a of  this  chap-
 ter;  (ii) the commissioner of health and mental hygiene for the city of
 New York may use the immunization registry [and], the blood lead  ANALY-
 SIS,  AND  RESCUE  INHALER  information  in  such system for purposes of
 outreach, quality improvement and accountability, research, epidemiolog-
 ical studies and disease control; (iii) local health  departments  shall
 have access to the immunization information system [and], the blood lead
 ANALYSIS,  AND RESCUE INHALER information in such system for purposes of
 outreach,  quality  improvement  and   accountability,   epidemiological
 studies and disease control within their county; and
   (c) health care providers and their designees, registered professional
 nurses,  and pharmacists authorized to administer immunizations pursuant
 to subdivision two of section sixty-eight hundred one of  the  education
 law  shall  have access to the statewide immunization information system
 [and], the blood lead ANALYSIS, AND RESCUE INHALER information  in  such
 system only for purposes of submission of information about vaccinations
 received  by  a  specific  registrant, determination of the immunization
 status of a specific registrant, determination of the blood lead testing
 status of a specific registrant, submission of the results from a  blood
 lead analysis of a sample obtained from a specific registrant in accord-
 ance  with  paragraph  (h)  of subdivision two of this section, DETERMI-
 NATION OF THE ASTHMA OR OTHER CHRONIC RESPIRATORY DISEASE DIAGNOSIS OF A
 SPECIFIC REGISTRANT, SUBMISSION OF INFORMATION ABOUT PRESCRIPTIONS FOR A
 RESCUE INHALER review  of  practice  coverage,  generation  of  reminder
 notices,  quality improvement and accountability, including professional
 responsibility proceedings of the office of professional medical conduct
 and the state education department, and printing a copy of the immuniza-
 tion [or] RECORD, lead testing record, OR  RESCUE  INHALER  PRESCRIPTION
 for  the  registrant's  medical  record,  for the registrant's parent or
 guardian, or other person in parental or custodial relation to a  child,
 or for a registrant upon reaching eighteen years of age.
   (d)  The following authorized users shall have access to the statewide
 immunization information system [and],  the  blood  lead  ANALYSIS,  AND
 RESCUE  INHALER information in such system and the citywide immunization
 S. 3964                             4
 
 registry for the purposes stated in this paragraph: (i) schools for  the
 purpose  of verifying immunization status for eligibility for admission,
 FOR THE PURPOSE OF KNOWING A STUDENT OR CHILD CARE  OR  PRESCHOOL  CHILD
 HAS  BEEN DIAGNOSED WITH ASTHMA OR OTHER CHRONIC RESPIRATORY DISEASE FOR
 WHICH A RESCUE INHALER WAS PRESCRIBED, for the purpose of  confirming  a
 student  has  been  screened for lead when enrolling in child care, pre-
 school, pre-kindergarten or  kindergarten,  and  for  the  provision  of
 appropriate  educational  materials developed by the department pursuant
 to section thirteen hundred seventy-a of this chapter on the dangers  of
 lead  exposure, and the health risks associated with elevated blood lead
 levels to the parents or legal guardians of the student with an elevated
 blood lead level, as such term is defined in subdivision six of  section
 thirteen  hundred  seventy  of  this  chapter, as well as information on
 programs that may be available to the student and the parents  or  legal
 guardians of the student. For each school that has the technical ability
 to  batch  download  sets  of immunization records, the department shall
 make available such sets of immunization records of only those  children
 submitted  by the school for which the school has obtained a certificate
 of immunization or for which the school has responsibility to verify the
 immunization status for school attendance purposes under  section  twen-
 ty-one  hundred sixty-four of this article. Schools shall properly safe-
 guard such information for use only as authorized by this section;  (ii)
 colleges  for  verifying  immunization status for eligibility for admis-
 sion; (iii) professional and technical schools for  verifying  immuniza-
 tion  status  for  eligibility  for admission; (iv) children's overnight
 camps and summer day camps for verifying immunization status of children
 attending camp AND FOR THE PURPOSE OF KNOWING A STUDENT HAS  BEEN  DIAG-
 NOSED  WITH  ASTHMA  OR  OTHER  CHRONIC  RESPIRATORY DISEASE FOR WHICH A
 RESCUE INHALER WAS PRESCRIBED; (v)  third  party  payer  for  performing
 quality  assurance,  accountability  and outreach, relating to enrollees
 covered by the third party payer; (vi)  commissioners  of  local  social
 services  districts  with  regard  to  a  child in [his/her] THEIR legal
 custody; (vii) the commissioner of the office  of  children  and  family
 services with regard to children in their legal custody, and for quality
 assurance  and  accountability of commissioners of local social services
 districts, care and treatment of children in the custody of  commission-
 ers  of local social services districts; and (viii) WIC programs for the
 purposes of verifying immunization and lead  testing  status  for  those
 seeking or receiving services.
   10.  The  person  to  whom any immunization record relates, or [his or
 her] THEIR parent, or guardian, or other person in parental or custodial
 relation to such person may request  a  copy  of  an  immunization  [or]
 RECORD,  lead  testing  record  OR  RESCUE INHALER PRESCRIPTION from the
 registrant's healthcare provider, the statewide immunization information
 system or the citywide immunization  registry  according  to  procedures
 established  by the commissioner or, in the case of the citywide immuni-
 zation registry, by the city of New York commissioner of the  department
 of health and mental hygiene.
   11.  The commissioner, or in the city of New York, the commissioner of
 the department of health and  mental  hygiene,  may  provide  registrant
 specific  immunization  [and]  RECORDS,  lead  test  records, AND RESCUE
 INHALER PRESCRIPTIONS to the federal centers  for  disease  control  and
 prevention  or  its  successor agency, to other state or city registries
 and registries maintained  by  the  Indian  Health  Service  and  tribal
 nations recognized by the state or the United States pursuant to a writ-
 ten  agreement  requiring  that  the  other registry conform to national
 S. 3964                             5
 
 standards for maintaining the integrity of the data and  that  the  data
 will  only  be  used for purposes consistent with the provisions of this
 section and provided that disclosure of identifiable registrant informa-
 tion  shall be limited to the minimum amount necessary to accomplish the
 purposes consistent with the provisions of this section as determined by
 the commissioner, or in the city of New York, the  commissioner  of  the
 department of health and mental hygiene.
   § 2. This act shall take effect immediately.

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Senate Bill S3964

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Sponsored By

Gustavo Rivera