This bill has been amended

Bill S4988-2013

Permits nebulizers in schools and athletic fields; every nebulizer permitted must be maintained in working order by the school district; repealer

Permits nebulizers in schools and on athletic courts and fields to be administered by students with patient specific orders; requires every nebulizer permitted must be maintained in working order by the school district, BOCES or non-public school.

Details

Actions

  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.398
  • Jan 8, 2014: REFERRED TO EDUCATION
  • May 2, 2013: REFERRED TO EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Education - Apr 29, 2014
Ayes (16): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Robach, Valesky, Avella, Latimer, Addabbo, Breslin, Montgomery, Stavisky, Tkaczyk, Peralta
Ayes W/R (3): Little, Ranzenhofer, Seward

Memo

BILL NUMBER:S4988

TITLE OF BILL: An act to amend the education law, in relation to authorizing the use of nebulizers in schools; and to repeal certain provisions of such law relating thereto

PURPOSE:

This bill would allow nebulizers to be made available to students with a patient specific order, who require inhaled medications administered by a nebulizer.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals Section 919 of the education law.

Section 2 amends the education law by adding a new section 919 regarding on-site nebulizers and the maintenance thereof. Additionally, this section stipulates that nebulizers may be made available on-site in both public and private school buildings, as well as athletic courts and fields. Said nebulizers shall be made available to and administered by students with a patient specific order, who require inhaled medications administered by a nebulizer. Nebulizers shall remain in working order by the school district or board of cooperative educational services that provides school health services to the school building or athletic courts or fields where the nebulizer is provided.

Section 3 authorizes the commissioner of health to promulgate regulations for the implementation of this act.

Section 4 is the effective date.

JUSTIFICATION:

Asthma is a lung disease that makes breathing difficult for millions of Americans, both young and old. Approximately 17 million Americans have asthma, which is a disorder caused by inflammation in the airways that lead to the lungs. This inflammation causes airways to tighten and narrow, which blocks air from flowing freely into the lungs, making it hard to breathe. There is no cure for asthma, but it can be managed and treated with medication like inhalers and nebulizers, for more serious forms of asthma.

In 2003, a college football player who only had access to an albuterol inhaler, died when he suffered an asthma attack on the field. The potential for death from an asthma attack 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.

LEGISLATIVE HISTORY:

2011-12: S.6504/A.8808 - Died in Finance

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4988 2013-2014 Regular Sessions IN SENATE May 2, 2013 ___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to authorizing the use of nebulizers in schools; and to repeal certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 919 of the education law is REPEALED. S 2. The education law is amended by adding a new section 919 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, MAY MAKE A NEBULIZER AVAILABLE ON-SITE IN PUBLIC AND PRIVATE SCHOOL BUILDINGS AND ON ATHLETIC COURTS AND FIELDS. 2. IF NEBULIZERS ARE PROVIDED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THEY SHALL BE MADE AVAILABLE TO AND ADMINISTERED BY STUDENTS WITH A PATIENT SPECIFIC ORDER, WHO REQUIRE INHALED MEDICATIONS ADMINIS- TERED BY A NEBULIZER. 3. EVERY NEBULIZER PROVIDED PURSUANT TO THIS SECTION SHALL BE MAIN- TAINED IN WORKING ORDER BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES THAT PROVIDES SCHOOL HEALTH SERVICES TO THE SCHOOL BUILDING OR ATHLETIC COURTS OR FIELDS WHERE THE NEBULIZER IS LOCATED. S 3. The commissioner of health is authorized to promulgate regu- lations for the implementation of this act. S 4. This act shall take effect immediately.

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