STATE OF NEW YORK ________________________________________________________________________ 5432 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Subdivision 6 of section 6527 of the education law is 2 amended by adding a new paragraph (i) to read as follows: 3 (i) administering asthma rescue medications. 4 § 2. Subdivision 4 of section 6909 of the education law is amended by 5 adding a new paragraph (i) to read as follows: 6 (i) administering asthma rescue medications. 7 § 3. Section 916 of the education law, as amended by chapter 423 of 8 the laws of 2014, is amended to read as follows: 9 § 916. Pupils with asthma or another respiratory disease requiring 10 rescue inhaler treatment. 1. The board of education or trustees of each 11 school district, or in the case of the city school district of New York, 12 the chancellor of the city school district, and board of cooperative 13 educational services shall allow pupils who have been diagnosed by a 14 physician or other duly authorized health care provider with an asthmat- 15 ic condition or another respiratory disease to carry and use a 16 prescribed inhaler and self-administer inhaled rescue medications to 17 alleviate respiratory symptoms or to prevent the onset of exercise 18 induced asthmatic symptoms during the school day on school property and 19 at any school function as such terms are defined, respectively, by 20 subdivisions one and two of section eleven of this chapter, with the 21 written permission of a physician or other duly authorized health care 22 provider, and written parental consent. The written permission shall 23 include an attestation by the physician or the health care provider 24 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 1 another respiratory disease for which inhaled rescue medications are 2 prescribed to alleviate respiratory symptoms or to prevent the onset of 3 exercise induced asthmatic symptoms; and (b) that the pupil has demon- 4 strated that he or she can self-administer the prescribed inhaled rescue 5 medication effectively. The written permission shall also include the 6 name of the prescribed inhaled rescue medication, the dose, the times 7 when the medication is to be taken, the circumstances which may warrant 8 the use of the medication and the length of time for which the inhaler 9 is prescribed. A record of such consent and permission shall be main- 10 tained in the student's cumulative health record. In addition, upon the 11 written request of a parent or person in parental relation, the board of 12 education or trustees of a school district, or in the case of the city 13 school district of New York, the chancellor, and board of cooperative 14 educational services shall allow such pupils to maintain an extra such 15 inhaler in the care and custody of a licensed nurse, nurse practitioner, 16 physician assistant, or physician employed by such district or board of 17 cooperative educational services, and shall be readily accessible to 18 such pupil. Nothing in this section shall require a school district or 19 board of cooperative educational services to retain a licensed nurse, 20 nurse practitioner, physician assistant, or physician solely for the 21 purpose of taking custody of a spare inhaler for the treatment of asthma 22 or a respiratory disease requiring rescue medication treatment, or 23 require that a licensed nurse, nurse practitioner, physician assistant, 24 or physician be available at all times in a school building for the 25 purpose of taking custody of the inhaler. In addition, the medication 26 provided by the pupil's parents or persons in parental relation shall be 27 made available to the pupil as needed in accordance with the school 28 district's, or board of cooperative educational services' policy and the 29 orders prescribed in the written permission of the physician or other 30 authorized health care provider. 31 2. (a) The board of education or trustees of each school district, or 32 in the case of the city school district of New York, the chancellor of 33 the city school district, and boards of cooperative educational services 34 in this state may provide and maintain on-site in each instructional 35 school facility asthma rescue medications in quantities and types deemed 36 by the commissioner, in consultation with the commissioner of health, 37 and for the city of New York, the commissioner of health of the city of 38 New York, to be adequate to ensure ready and appropriate access for 39 supervised use by a registered nurse, where practicable, during emergen- 40 cies. Such emergency use of asthma rescue medication shall only be used 41 if the pupil's prescribed asthma rescue medication or spare inhaler is 42 not readily accessible or in emergency situations where a pupil does not 43 have access to any asthma rescue medication. 44 (b) Every parent or guardian of a pupil who is administered such asth- 45 ma rescue medications shall be notified in writing of such incident. The 46 required content of such notification shall be determined by the commis- 47 sioner, in consultation with the commissioner of health, and for the 48 city of New York, the commissioner of health of the city of New York, 49 and shall at a minimum include: 50 (i) A recommendation that such pupil be evaluated by a physician or 51 other duly authorized health care provider to determine if such pupil 52 has an asthmatic condition or another respiratory disease; and 53 (ii) A recommendation that if such pupil is diagnosed with such condi- 54 tion or disease that the parent or guardian take the actions necessary 55 to ensure the pupil may receive asthma controller medications and asthma 56 rescue medications in school and develops an asthma action plan. If the
A. 5432 3 1 pupil is able to self-carry, the parent or guardian take the actions 2 necessary under subdivision one of this section for such pupil to carry 3 and use a prescribed inhaler and self-administer inhaled rescue medica- 4 tions to alleviate respiratory symptoms or to prevent the onset of exer- 5 cise induced asthmatic symptoms during the school day on school property 6 and at any school function as such terms are defined, respectively, by 7 subdivisions one and two of section eleven of this chapter. 8 3. A school district, board of cooperative educational services and/or 9 their agents or employees shall incur no legal or financial liability as 10 a result of any harm or injury sustained by a pupil or other person 11 caused by reasonable and good faith compliance with this section. 12 § 4. This act shall take effect on the first of July next succeeding 13 the date on which it shall have become a law. Effective immediately, the 14 addition, amendment and/or repeal of any rule or regulation necessary 15 for the implementation of this act on its effective date are authorized 16 to be made and completed on or before such effective date.