S T A T E   O F   N E W   Y O R K
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                                  5915

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 11, 2015
                               ___________

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

AN ACT to amend the education law, in relation to rescue inhalers

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

  Section  1.  Subdivision  1  of  section  916 of the education law, as
amended by chapter 423 of the laws  of  2014,  is  amended  to  read  as
follows:
  1.  The  board  of  education  or trustees of each school district and
board of cooperative educational services shall allow  pupils  who  have
been  diagnosed  by  a  physician  or  other duly authorized health care
provider with an asthmatic condition or another respiratory  disease  to
carry  and  use  a prescribed inhaler and self-administer inhaled rescue
medications to alleviate respiratory symptoms or to prevent the onset of
exercise induced asthmatic symptoms during  the  school  day  on  school
property  and  at any school function as such terms are defined, respec-
tively, by subdivisions one and two of section eleven of  this  chapter,
with  the  written  permission  of  a physician or other duly authorized
health care provider, and written parental consent. The written  permis-
sion  shall  include  an attestation by the physician or the health care
provider confirming the following: (a) the pupil is diagnosed with asth-
ma or another respiratory disease for which inhaled  rescue  medications
are prescribed to alleviate respiratory symptoms or to prevent the onset
of  exercise  induced  asthmatic  symptoms;  and  (b) that the pupil has
demonstrated that he or she can self-administer the  prescribed  inhaled
rescue  medication  effectively.    The  written  permission  shall also
include the name of the prescribed inhaled rescue medication, the  dose,
the  times  when  the medication is to be taken, the circumstances which
may warrant the use of the medication and the length of time  for  which
the inhaler is prescribed. A record of such consent and permission shall
be  maintained  in  the student's cumulative health record. In addition,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11518-02-5
              

S. 5915                             2

upon the written request of a parent or person in parental relation, the
board of education or trustees of a school district and board of cooper-
ative educational services shall allow such pupils to maintain an  extra
such  inhaler in the care and custody of a licensed nurse, nurse practi-
tioner, physician assistant, or physician employed by such  district  or
board of cooperative educational services, and shall be readily accessi-
ble  to such pupil. PROVIDED FURTHER THAT SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES MAY PURCHASE RESCUE INHALERS TO BE MADE
AVAILABLE TO STUDENTS IN ACCORDANCE WITH THIS SECTION, IF PURCHASED SUCH
ENTITY SHALL ENSURE THAT THE RESCUE INHALER IS MAINTAINED IN GOOD  WORK-
ING  ORDER.  Nothing  in this section shall require a school district or
board of cooperative educational services to retain  a  licensed  nurse,
nurse  practitioner,  physician  assistant,  or physician solely for the
purpose of taking custody of a spare inhaler for the treatment of asthma
or a respiratory  disease  requiring  rescue  medication  treatment,  or
require  that a licensed nurse, nurse practitioner, physician assistant,
or physician be available at all times in  a  school  building  for  the
purpose  of  taking  custody of the inhaler. In addition, the medication
provided by the pupil's parents or persons in parental relation shall be
made available to the pupil as needed  in  accordance  with  the  school
district's  or board of cooperative educational services' policy and the
orders prescribed in the written permission of the  physician  or  other
authorized health care provider.
  S  2.  This  act  shall  take  effect on the same date and in the same
manner as section 1 of chapter 423 of the laws of 2014, takes effect.