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.
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.
STATE OF NEW YORK ________________________________________________________________________ 6369 IN 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.