Authorizes boards of education or trustees of school districts to allow certain pupils diagnosed with asthma or other potentially life-threatening respiratory illnesses to carry and use a prescribed inhaler; provides for establishment of asthma action plans for such pupils.

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S6369-2011 Actions

• Feb 1, 2012: REFERRED TO EDUCATION

S6369-2011 Memo

BILL NUMBER:S6369

TITLE OF BILL:
An act
to amend the education law, in relation to the use of inhalers and
nebulizers

PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize boards of education or trustees of school
districts to allow certain pupils diagnosed with respiratory
illnesses to carry a prescribed inhaler and calls for the preparation
of an asthma action plan for each child authorized to use asthma
medication.

SUMMARY OF SPECIFIC PROVISIONS:
Section 916 of the Education Law, as amended by chapter 524 of the
laws of 2006, is amended to read that pupils afflicted with
potentially life threatening respiratory illnesses, other than asthma,
are able to carry and use prescribed inhalers during the school day.

The Education Law is further amended by adding a new section 921 that
calls for any pupil authorized to use any asthma medication shall
also have an asthma action plan prepared by a physician or any other
health care provider. Each asthma action plan will identify, at a
minimum, asthma triggers, the treatment plan, and other such elements
as shall be determined by the commissioner of education in
consultation with the commissioner of health.

JUSTIFICATION:
Asthma, and other serious respiratory illnesses, are afflicting an
ever increasing number of students. Currently students suffering from
asthma are able to carry inhalers, this legislation would extend that
relief to those students whose respiratory illness is not classified
as asthma but requires the use of inhalers as well.

In addition, by having asthma action plans pupils, and the staff at
their schools, will be able to better identify activities and
surroundings which may prove to seriously aggravate the child's
respiratory illness and how best to deal with any attacks that do
occur.

PRIOR LEGISLATIVE HISTORY:
2001/02 - A.9907 - Ordered to 3rd Reading Rules Cal. 1292
2003/04 - A.4398A Passed Assembly and referred to Senate Education
2005/06 - A.3596 Referred to Education
2007/08 - A.3824 - Passed Assembly and Referred to Senate Rules
2009/10 - A.4269 - Referred to Education

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after
which it shall have become a law; provided, however, that effective
immediately the commissioner of education is authorized to promulgate
rules and regulations for the implementation of this act on such
effective date.

S6369-2011 Text

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

                                    6369

                              I N  SENATE

                              February 1, 2012
                                 ___________

  Introduced  by  Sen. HUNTLEY -- 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 the  use  of  inhalers
    and nebulizers

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


    Section 1. Section 916 of the education law, as amended by chapter 524
  of the laws of 2006, is amended to read as follows:

    S 916. Pupils afflicted with asthma OR OTHER POTENTIALLY  LIFE-THREAT-
  ENING RESPIRATORY ILLNESSES.  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 a severe asthmatic condition OR
  OTHER POTENTIALLY LIFE-THREATENING RESPIRATORY ILLNESSES  to  carry  and
  use a prescribed inhaler during the school day, with the written permis-
  sion  of  a physician or other duly authorized health care provider, and
  parental consent, based on such physician's or provider's  determination
  that  such pupil is subject to sudden asthmatic attacks severe enough to
  debilitate such pupil. A record of such permission shall  be  maintained
  in  the school office. In addition, 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  cooperative educational services shall
  allow such pupils to maintain an extra such  inhaler  in  the  care  and
  custody  of a registered professional nurse employed by such district or
  board of cooperative educational services.    Nothing  in  this  section
  shall  require  a  school  district  or board of cooperative educational
  services to retain a school nurse  solely  for  the  purpose  of  taking
  custody  of a spare inhaler, or require that a school nurse be available
  at all times in a school building for such purpose.
    S 2. The education law is amended by adding a new section 921 to  read
  as follows:

    S  921.  ASTHMA  ACTION PLANS. EACH PUPIL AUTHORIZED TO USE ANY ASTHMA
  MEDICATION SHALL HAVE AN ASTHMA ACTION PLAN PREPARED BY THE PHYSICIAN OR
  OTHER DULY AUTHORIZED HEALTH CARE PROVIDER OF THE PUPIL,  WHICH  IDENTI-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03660-01-1

 S. 6369                             2

  FIES,  AT A MINIMUM, ASTHMA TRIGGERS, THE TREATMENT PLAN, AND SUCH OTHER
  ELEMENTS AS SHALL BE DETERMINED BY THE COMMISSIONER IN CONSULTATION WITH
  THE COMMISSIONER OF HEALTH.
    S 3. This act shall take effect on the one hundred twentieth day after
  it shall have become a law; provided, however, that effective immediate-
  ly  the  commissioner of education is authorized to promulgate rules and
  regulations for the implementation of this act on such effective date.