New York Assembly Bill A03868 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 3868--A 2023-2024 Regular Sessions  IN ASSEMBLY February 8, 2023 ___________ Introduced by M. of A. McDONOUGH, BENDETT, E. BROWN, DeSTEFANO, TAGUE, LEMONDES, GIBBS -- Multi-Sponsored by -- M. of A. FLOOD, MORINELLO -- read once and referred to the Committee on Education -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to requiring the develop- ment of a bleeding control kit program and the installation of bleed- ing control kits in schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 305 of the education law is amended by adding a new 2 subdivision 62 to read as follows: 3 62. a. The commissioner shall consult and collaborate with the commis- 4 sioner of health to establish and develop a bleeding control kit program 5 within the department that: 6 (i) ensures that bleeding control kits are stored in easily accessible 7 areas of the school; 8 (ii) includes the use of bleeding control kits in the emergency oper- 9 ations plan or any other security planning measure or protocol adopted 10 by the school district, board of cooperative educational services, char- 11 ter school or nonpublic school; and 12 (iii) requires all district or school personnel who may be reasonably 13 expected to use a bleeding control kit in the event of an injury to 14 another person to receive training approved by the department. 15 b. A bleeding control kit required pursuant to this subdivision shall 16 be a first aid response kit that includes at least: 17 (i) one tourniquet; 18 (ii) two compressed gauze dressings; 19 (iii) one trauma dressing; 20 (iv) nitrile gloves; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07919-03-4 
 A. 3868--A 2 1 (v) scissors; and 2 (vi) instructional documents adopted by the agency detailing methods 3 to prevent blood loss following a traumatic event. 4 c. In addition to the items required to be included in a bleeding 5 control kit pursuant to paragraph b of this subdivision, a bleeding 6 control kit may also include any medical material or equipment that: 7 (i) may be readily stored in a bleeding control kit; 8 (ii) may be used to adequately treat an injury involving traumatic 9 blood loss; and 10 (iii) is approved by local law enforcement or emergency medical 11 services personnel. 12 d. Each school district, board of cooperative educational services, 13 charter school or nonpublic school shall conduct an annual inspection of 14 the medical material and equipment in each bleeding control kit and 15 replace any expired material or equipment as necessary. 16 e. Each school district, board of cooperative educational services, 17 charter school or nonpublic school shall restock each bleeding control 18 kit as soon as practicable after the use of such kit to ensure that the 19 kit contains all required material and equipment. 20 f. The department may approve an online course of instruction by the 21 American College of Surgeons or a similar organization to satisfy the 22 training required pursuant to subparagraph (iii) of paragraph a of this 23 subdivision. 24 g. A school district, board of cooperative educational services, char- 25 ter school or nonpublic school shall be immune from civil liability from 26 damages or injuries resulting from the good faith use of a bleeding 27 control kit by an employee of such school district, board of cooperative 28 educational services, charter school or nonpublic school to control the 29 bleeding of an injured person provided that the employee received the 30 training required pursuant to subparagraph (iii) of paragraph a of this 31 subdivision and the employee did not act with gross negligence in the 32 use of the bleeding control kit. 33 § 2. This act shall take effect immediately.