S6504-2011 Actions

• Feb 17, 2012: REFERRED TO FINANCE

S6504-2011 Memo

BILL NUMBER:S6504

TITLE OF BILL:
An act
to amend the education law, in relation to requiring nebulizers on
school grounds; and to amend chapter 672 of the laws of 2007, amending
the education law relating to the maintenance of on-site nebulizers, in
relation to the effectiveness thereof; and making an appropriation
therefor

PURPOSE:
This bill requires that nebulizers be present on all school grounds
for use during emergencies.

SUMMARY OF PROVISIONS:
Section 1 of the bill provides that instructions regarding the correct
use of a nebulizer shall be included as a part of the health
education curriculum in all senior high schools when CPR instruction
is given. Requires that all health education teachers be certified to
teach said curriculum.

Section 2 provides that School districts, BOCES, county vocational
education and extension boards and charter schools shall have on-site
nebulizers in all public and private school buildings; requires that
there be at least on trained staff person at all school sponsored or
approved curricular or extracurricular events.

Section 3 amends the Education Law in relation to maintaining on-site
nebulizers.

Section 4 requires the state to make an appropriation to the
department of Education for reimbursement of school districts and
boards of cooperative educational services for the purposes of
implementing this act.

Section 5 provides the effective date.

JUSTIFICATION:
In 2003, a college football player, who only had access to an
albuterol inhaler, died during an asthma attack on the field. The
U.S. Centers for Disease Control estimates 7.1 million children in
the nation are asthmatic. As seen in 2003, the potential for death
from an asthma exacerbation exists on the athletic field, both during
and after an athletic competition. It is vital that our student
athletes and school staff have access to the best treatment during a
medical emergency.

Dr. Harvey Miller, a specialist in allergy, asthma, and immunology,
has developed a pilot program to provide on-site nebulizers in
emergency situations to ensure the safety of athletes with Bronchial
Asthma. On-site nebulizers could prevent scores of asthma related

deaths among student athletes. Nebulizers transform the potent drug
albuterol into an inhalable mist. The drug relaxes the smooth muscles
of the airways to restore normal breathing.

This bill would implement Dr. Miller's Asthma Nebulizer Emergency
Pilot Program (ANEP), which requires nebulizers on school grounds for
use during an emergency, which would undoubtedly save countless young
lives.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

LOCAL FISCAL IMPLICATIONS:
None, as the bill requires the state to reimburse local schools for
the costs associated with implementing this act.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

S6504-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6504

                              I N  SENATE

                              February 17, 2012
                                 ___________

  Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Finance

  AN ACT to amend the education law, in relation to  requiring  nebulizers
    on  school  grounds;  and  to  amend  chapter 672 of the laws of 2007,
    amending the education law relating  to  the  maintenance  of  on-site
    nebulizers,  in  relation  to the effectiveness thereof; and making an
    appropriation therefor

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. The education law is amended by adding a new section 804-e
  to read as follows:

    S 804-E. NEBULIZER INSTRUCTION. INSTRUCTIONS REGARDING THE CORRECT USE
  OF A NEBULIZER SHALL BE INCLUDED AS  A  PART  OF  THE  HEALTH  EDUCATION
  CURRICULUM IN ALL SENIOR HIGH SCHOOLS WHEN CARDIOPULMONARY RESUSCITATION
  INSTRUCTION  IS  BEING  PROVIDED  AS AUTHORIZED BY SECTION EIGHT HUNDRED
  FOUR-C OF THIS ARTICLE.  PERSONS INSTRUCTING PUPILS IN THE  CORRECT  USE
  OF  NEBULIZERS  SHALL POSSESS VALID CERTIFICATION BY A NATIONALLY RECOG-
  NIZED ORGANIZATION OR  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL
  OFFERING  CERTIFICATION  IN  THE  OPERATION  OF  A  NEBULIZER AND IN ITS
  INSTRUCTION.
    S 2. Section 919 of the education law, as amended by chapter 42 of the
  laws of 2008, is amended to read as follows:

    S 919. On-site nebulizers. 1. [The board of education or  trustees  of
  the  school  district  responsible  for  providing  health services in a
  school, or the board of cooperative educational services in the case  of
  programs under its jurisdiction] SCHOOL DISTRICTS, BOARDS OF COOPERATIVE
  EDUCATIONAL  SERVICES,  COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS
  AND CHARTER SCHOOLS, shall  [make]  PROVIDE  AND  MAINTAIN  a  nebulizer
  [available]  on-site  in  every  public  and  private school building in
  [which full or part time nurse services  are  provided]  A  MANNER  THAT
  ENSURES READY AND APPROPRIATE ACCESS FOR USE DURING EMERGENCIES.
    2.  Nebulizers  in  such  school  buildings shall be made available to
  allow reasonable access to all public and private school students with a
  patient specific order, who require inhaled medications administered  by

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11944-03-1

 S. 6504                             2

  a nebulizer, provided, however, that nebulizers shall be administered by
  a  school  nurse or physician pursuant to the student's patient specific
  order. Every nebulizer shall be  maintained  in  working  order  by  the
  school  district  or  board  of  cooperative  educational  services that
  provides school health services to the school building where  the  nebu-
  lizer is located.
    [2.]  3.    WHENEVER  PUBLIC  OR PRIVATE SCHOOL FACILITIES PURSUANT TO
  SUBDIVISION ONE OF THIS SECTION ARE USED FOR SCHOOL SPONSORED OR  SCHOOL
  APPROVED CURRICULAR OR EXTRACURRICULAR EVENTS OR ACTIVITIES AND WHENEVER
  A  SCHOOL-SPONSORED ATHLETIC CONTEST IS HELD AT ANY LOCATION, THE PUBLIC
  SCHOOL OFFICIALS AND ADMINISTRATORS RESPONSIBLE FOR SUCH SCHOOL FACILITY
  OR ATHLETIC CONTEST SHALL ENSURE THE PRESENCE  OF  AT  LEAST  ONE  STAFF
  PERSON  WHO  IS TRAINED IN THE OPERATION AND USE OF A NEBULIZER. WHERE A
  SCHOOL-SPONSORED COMPETITIVE ATHLETIC EVENT IS HELD AT A SITE OTHER THAN
  A PUBLIC SCHOOL FACILITY, THE PUBLIC SCHOOL OFFICIALS SHALL ASSURE  THAT
  A NEBULIZER IS PROVIDED ON-SITE.
    4.  ANY EMPLOYEE OR OTHER AGENT OF ANY SCHOOL DISTRICT, BOARD OF COOP-
  ERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND  EXTENSION
  BOARD  AND CHARTER SCHOOL WHO, IN ACCORDANCE WITH THE PROVISIONS OF THIS
  SECTION, VOLUNTARILY AND WITHOUT EXPECTATION  OF  MONETARY  COMPENSATION
  RENDERS EMERGENCY MEDICAL OR FIRST AID TREATMENT USING A NEBULIZER WHICH
  HAS  BEEN  MADE  AVAILABLE  PURSUANT TO THIS SECTION, TO A PERSON WHO IS
  UNCONSCIOUS, ILL OR INJURED, SHALL BE LIABLE ONLY PURSUANT  TO  SUBDIVI-
  SION ONE OF SECTION THREE THOUSAND-A OF THE PUBLIC HEALTH LAW.
    5.  The commissioner shall be authorized to promulgate regulations for
  the implementation of this section.
    S 3. Section 2 of chapter 672 of the laws of 2007, amending the educa-
  tion law relating to the maintenance of on-site nebulizers,  is  amended
  to read as follows:

    S 2. This act shall take effect September 1, 2007[; provided, however,
  that  if  upon  such  effective  date, an appropriation to the education
  department  shall  not  have  been  made  for  reimbursement  of  school
  districts  and  boards  of  cooperative  educational  services  for  the
  purposes of implementing the provisions of section 919 of the  education
  law,  as  added  by  section  one  of this act, then this act shall take
  effect on the forty-fifth day after such an appropriation is  made,  and
  provided,  further,  that  the  division  of the budget shall notify the
  legislative bill drafting commission on September 1, 2007  whether  such
  an appropriation has been made, and if such appropriation shall not have
  been made on or before such date, the division of the budget shall noti-
  fy the legislative bill drafting commission upon the date such an appro-
  priation shall have been made, in order that the commission may maintain
  an  accurate  and timely effective data base of the official text of the
  laws of the state  of  New  York  in  furtherance  of  effectuating  the
  provisions  of section 44 of the legislative law and section 70-b of the
  public officers law].
    S 4.  The state of New York shall make an appropriation to the depart-
  ment of education for reimbursement of school districts  and  boards  of
  cooperative  educational  services for the purposes of implementing this
  act.
    S 5.  This act shall take effect on  the  one  hundred  twentieth  day
  after  it shall have become a law; provided, however, that section three
  of this act shall  take  effect  immediately;  provided,  further,  that
  effective  immediately,  the  addition,  amendment  and/or repeal of any
  rules or regulations necessary for the implementation of this act on its
  effective date are authorized to be made on or before such date.