Bill Text: NY A00829 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires public schools to display a poster depicting first aid procedures used to treat a person who is choking.

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A00829 Detail]

Download: New_York-2019-A00829-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           829
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by  M.  of  A.  L. ROSENTHAL,  ORTIZ,  M. G. MILLER, MOSLEY,
          PICHARDO, GOTTFRIED, COOK, ARROYO,  PERRY,  STECK,  BRABENEC,  JOYNER,
          RAMOS,  BARRON,  THIELE, RAIA, McDONOUGH, WEPRIN -- Multi-Sponsored by
          -- M. of A. BLAKE, DILAN, GALEF --  read  once  and  referred  to  the
          Committee on Education
        AN  ACT  to  amend  the  education  law, in relation to requiring public
          schools to display a poster depicting the first aid procedures used to
          treat upper airway obstructions by foreign objects
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. It is important that teachers, adminis-
     2  trators  and  students  in the state of New York are well informed about
     3  first aid responses  to  treat  upper  airway  obstructions  by  foreign
     4  objects  as  it is reported that at least one child dies from choking on
     5  food every five days in the United States, and more than 10,000 children
     6  are taken to a hospital emergency room each year for food-choking  inju-
     7  ries. It is the intent of this legislature to help prevent future deaths
     8  resulting  from  upper  airway  obstructions  by  expanding  the choking
     9  prevention requirement of section 2500-i of the public health law, known
    10  as J.T.'s Law, by requiring public schools to post a visible poster that
    11  graphically depicts the first aid procedures used to treat upper  airway
    12  obstructions caused by food or foreign objects.
    13    §  2.  The  education  law is amended by adding a new section 409-m to
    14  read as follows:
    15    § 409-m. Choking poster. 1.  Every  public  school  including  charter
    16  schools  shall post a visible poster graphically depicting the first aid
    17  procedures used to treat upper airway obstructions  caused  by  food  or
    18  foreign  objects,  including  but  not  limited to back blows, abdominal
    19  thrusts and chest compressions.
    20    2. The commissioner shall adopt rules and regulations in  consultation
    21  with  the  commissioner  of  health  relating to the posting required by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03285-01-9
        A. 829                              2
     1  subdivision one of this section.  Such rules and  regulations  shall  be
     2  consistent with the provisions of section two thousand five hundred-i of
     3  the  public  health  law  related to child food choking prevention. Such
     4  rules  and  regulations shall require that a poster be displayed in each
     5  establishment where food is sold and in spaces  designated  specifically
     6  as  eating  areas,  including  but  not limited to school cafeterias and
     7  provided further that such poster shall be approved by the  commissioner
     8  of health in consultation with the commissioner.
     9    3. Nothing contained in this section shall impose any affirmative duty
    10  to  act in compliance with the poster. A school district, board of coop-
    11  erative educational services and/or  their  employees  or  other  person
    12  shall  incur  no legal or financial liability as a result of any harm or
    13  injury sustained by a student or other person caused by  reasonable  and
    14  good faith compliance with this section.
    15    § 3. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law; provided, however, that effective immediate-
    17  ly,  the  commissioner  of education is authorized to promulgate any and
    18  all rules and regulations and  take  any  other  measures  necessary  to
    19  implement this act on its effective date on or before such date.