Bill Text: NY S03767 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires nebulizers on school grounds; makes an appropriation therefor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO FINANCE [S03767 Detail]
Download: New_York-2019-S03767-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3767 2019-2020 Regular Sessions IN SENATE February 13, 2019 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the education law, in relation to requiring nebulizers on school grounds; and to amend chapter 672 of the laws of 2007, amending the education law relating to the maintenance of on-site nebulizers, in relation to the effectiveness thereof; and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 804-e 2 to read as follows: 3 § 804-e. Nebulizer instruction. Instructions regarding the correct use 4 of a nebulizer shall be included as a part of the health education 5 curriculum in all senior high schools when cardiopulmonary resuscitation 6 instruction is being provided as authorized by section eight hundred 7 four-c of this article. Persons instructing pupils in the correct use 8 of nebulizers shall possess valid certification by a nationally recog- 9 nized organization or the state emergency medical services council 10 offering certification in the operation of a nebulizer and in its 11 instruction. 12 § 2. Section 919 of the education law, as amended by chapter 42 of the 13 laws of 2008, is amended to read as follows: 14 § 919. On-site nebulizers. 1. [The board of education or trustees of15the school district responsible for providing health services in a16school, or the board of cooperative educational services in the case of17programs under its jurisdiction] School districts, boards of cooperative 18 educational services, county vocational education and extension boards 19 and charter schools, shall [make] provide and maintain a nebulizer 20 [available] on-site in every public and private school building in 21 [which full or part time nurse services are provided] a manner that 22 ensures ready and appropriate access for use during emergencies. 23 2. Nebulizers in such school buildings shall be made available to 24 allow reasonable access to all public and private school students with a 25 patient specific order, who require inhaled medications administered by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00095-01-9S. 3767 2 1 a nebulizer, provided, however, that nebulizers shall be administered by 2 a school nurse or physician pursuant to the student's patient specific 3 order. Every nebulizer shall be maintained in working order by the 4 school district or board of cooperative educational services that 5 provides school health services to the school building where the nebu- 6 lizer is located. 7 [2.] 3. Whenever public or private school facilities pursuant to 8 subdivision one of this section are used for school sponsored or school 9 approved curricular or extracurricular events or activities and whenever 10 a school-sponsored athletic contest is held at any location, the public 11 school officials and administrators responsible for such school facility 12 or athletic contest shall ensure the presence of at least one staff 13 person who is trained in the operation and use of a nebulizer. Where a 14 school-sponsored competitive athletic event is held at a site other than 15 a public school facility, the public school officials shall assure that 16 a nebulizer is provided on-site. 17 4. Any employee or other agent of any school district, board of coop- 18 erative educational services, county vocational education and extension 19 board and charter school who, in accordance with the provisions of this 20 section, voluntarily and without expectation of monetary compensation 21 renders emergency medical or first aid treatment using a nebulizer which 22 has been made available pursuant to this section, to a person who is 23 unconscious, ill or injured, shall be liable only pursuant to subdivi- 24 sion one of section three thousand-a of the public health law. 25 5. The commissioner shall be authorized to promulgate regulations for 26 the implementation of this section. 27 § 3. Section 2 of chapter 672 of the laws of 2007, amending the educa- 28 tion law relating to the maintenance of on-site nebulizers, is amended 29 to read as follows: 30 § 2. This act shall take effect September 1, 2007[; provided, however,31that if upon such effective date, an appropriation to the education32department shall not have been made for reimbursement of school33districts and boards of cooperative educational services for the34purposes of implementing the provisions of section 919 of the education35law, as added by section one of this act, then this act shall take36effect on the forty-fifth day after such an appropriation is made, and37provided, further, that the division of the budget shall notify the38legislative bill drafting commission on September 1, 2007 whether such39an appropriation has been made, and if such appropriation shall not have40been made on or before such date, the division of the budget shall noti-41fy the legislative bill drafting commission upon the date such an appro-42priation shall have been made, in order that the commission may maintain43an accurate and timely effective data base of the official text of the44laws of the state of New York in furtherance of effectuating the45provisions of section 44 of the legislative law and section 70-b of the46public officers law]. 47 § 4. The state of New York shall make an appropriation to the depart- 48 ment of education for reimbursement of school districts and boards of 49 cooperative educational services for the purposes of implementing this 50 act. 51 § 5. This act shall take effect on the one hundred twentieth day 52 after it shall have become a law; provided, however, that section three 53 of this act shall take effect immediately; provided, further, that 54 effective immediately, the addition, amendment and/or repeal of any 55 rules or regulations necessary for the implementation of this act on its 56 effective date are authorized to be made on or before such date.