Bill Text: NY S05863 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts comprehensive provisions to curtail the incidence of asthma and other respiratory diseases; requires teachers in public and non-public school systems to be trained in identifying and responding to asthma emergencies in accordance with standards to be prescribed by the commissioner of education in consultation with the commissioner of health; provides for a program of asthma disease management and control within the department of health; program shall provide various services to health care providers, patients, and others; authorizes the commissioner of health to make grants; provides for a study of asthma incidence and prevalence; provides for an annual report on the program; establishes an advisory panel; requires health care providers to provide pregnant women with information on in-utero exposure to tobacco smoke; requires residential leases to include information on the smoking restrictions for the leased premises and in common ares; prohibits idling of motor vehicle engines upon school grounds; authorizes school boards to allow certain students to use inhalers or nebulizers; requires the school that authorizes the use of an inhaler to prepare an emergency action plan for the student; ensures safety of all students who suffer from respiratory illnesses in New York; requires reporting of cases of asthma; provides for the curtailing of the use of chemicals which may trigger asthma episodes; provides for the use of the least toxic pesticides which effectively eradicate the targeted organism; includes certain respiratory diseases within the disease management demonstration program; provides for the reduction of emphysema, chronic bronchitis and other chronic respiratory diseases in children; relates to smoking restrictions in certain outdoor areas.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S05863 Detail]
Download: New_York-2011-S05863-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5863 2011-2012 Regular Sessions I N S E N A T E July 22, 2011 ___________ Introduced by Sens. KLEIN, CARLUCCI, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to establishing the asthma prevention and education program (Part A); to amend the public health law, in relation to in-utero exposure to tobacco smoke prevention (Part B); to amend the public health law, in relation to reporting on the incidence of asthma (Part C); to amend the public health law, in relation to including certain respiratory diseases within disease management demonstration programs (Part D); to amend the public health law, in relation to the reduction of emphysema, chronic bronchitis and other chronic respiratory diseases in children (Part E); to amend the public health law, in relation to smoking restrictions in certain outdoor areas (Part F); to amend the education law, in relation to requiring all teachers to be trained in identify- ing and responding to asthma emergencies (Part G); to amend the real property law, in relation to residential rental property smoking poli- cies (Part H); to amend the education law, in relation to requiring school districts and private elementary and secondary schools to establish and implement rules prohibiting the engine of any motor vehicle to remain idling while parked or standing on school grounds (Part I); to amend the education law, in relation to the use of inhal- ers and nebulizers (Part J); to amend the environmental conservation law, in relation to pesticide alternatives used at schools and day care centers (Part K); and to amend the public buildings law, in relation to curtailing the use of cleaning materials that induce or trigger asthma episodes (Part L) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act enacts into law major components of legislation 2 which combat the incidence of asthma and other respiratory diseases such 3 as emphysema and chronic bronchitis. Each component is wholly contained EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13258-03-1 S. 5863 2 1 within a Part identified as Parts A through L. The effective date for 2 each particular provision contained within such Part is set forth in the 3 last section of such Part. Any provision in any section contained within 4 a Part, including the effective date of the Part, which makes a refer- 5 ence to a section "of this act", when used in connection with that 6 particular component, shall be deemed to mean and refer to the corre- 7 sponding section of the Part in which it is found. Section four of this 8 act sets forth the general effective date of this act. 9 S 2. Legislative findings and purpose. The legislature finds that 10 asthma is a chronic, potentially life-threatening, respiratory illness 11 that affects over a million New Yorkers, including thousands of children 12 and adolescents. Asthma is the leading cause of school absences attri- 13 buted to chronic conditions. Asthma is also directly linked to large and 14 growing inpatient bills for medicaid and other health care payers. 15 Therefore, the legislature finds that establishing a comprehensive 16 statewide asthma prevention management and control program which coordi- 17 nates the efforts of individuals, families, health care providers, 18 schools and community-based organizations is in the public interest and 19 would benefit the people of the state of New York. 20 PART A 21 Section 1. The public health law is amended by adding a new article 22 27-BB to read as follows: 23 ARTICLE 27-BB 24 ASTHMA DISEASE MANAGEMENT AND CONTROL 25 SECTION 2725. ASTHMA DISEASE MANAGEMENT AND CONTROL PROGRAM. 26 2726. STUDY OF ASTHMA INCIDENCE AND PREVALENCE. 27 2727. ANNUAL REPORT. 28 S 2725. ASTHMA DISEASE MANAGEMENT AND CONTROL PROGRAM. 1. THERE IS 29 HEREBY CREATED WITHIN THE DEPARTMENT THE ASTHMA DISEASE MANAGEMENT AND 30 CONTROL PROGRAM (HEREINAFTER REFERRED TO IN THIS ARTICLE AS THE 31 "PROGRAM"). THE PURPOSE OF THE PROGRAM IS TO PROMOTE ASTHMA DISEASE 32 MANAGEMENT AND EDUCATION AND OUTREACH ABOUT ASTHMA TO PEOPLE WHO SUFFER 33 FROM ASTHMA AND THEIR FAMILIES, HEALTH CARE PROVIDERS, AND THE GENERAL 34 PUBLIC. 35 2. SERVICES TO BE PROVIDED BY THE PROGRAM MAY INCLUDE: 36 (A) ASTHMA DISEASE MANAGEMENT AND CASE MANAGEMENT FOR PATIENTS AND 37 THEIR FAMILIES; 38 (B) ASTHMA OUTREACH AND SCREENING; 39 (C) THE PROMOTION OF AWARENESS OF THE CAUSES OF ASTHMA; 40 (D) EDUCATION ON PREVENTION STRATEGIES; 41 (E) EDUCATION ON PROPER DISEASE MANAGEMENT PRACTICES; AND 42 (F) EDUCATION ON AVAILABLE TREATMENT MODALITIES. 43 3. THE COMMISSIONER SHALL MAKE GRANTS WITHIN THE AMOUNTS APPROPRIATED 44 THEREFOR TO LOCAL HEALTH AGENCIES, HEALTH CARE PROVIDERS, SCHOOLS, 45 SCHOOL BASED HEALTH CENTERS AND COMMUNITY-BASED ORGANIZATIONS, AND OTHER 46 ORGANIZATIONS WITH DEMONSTRATED INTEREST AND EXPERTISE IN SERVING 47 PERSONS WITH ASTHMA TO PROVIDE THE SERVICES SET OUT IN THIS SECTION. 48 GRANT RECIPIENTS SHALL BE GOVERNMENT ENTITIES OR NOT-FOR-PROFIT ORGAN- 49 IZATIONS. 50 THE COMMISSIONER MAY COORDINATE GRANTS UNDER THIS SUBDIVISION WITH THE 51 AVAILABILITY OF GRANTS FROM OTHER SOURCES. THE COMMISSIONER MAY ALSO 52 ACCEPT OR SEEK GRANTS FROM OTHER SOURCES TO ENHANCE THE AMOUNTS APPRO- 53 PRIATED TO THE PROGRAM. S. 5863 3 1 S 2726. STUDY OF ASTHMA INCIDENCE AND PREVALENCE. 1. THE DEPARTMENT 2 SHALL STUDY THE INCIDENCE AND PREVALENCE OF ASTHMA IN THE STATE'S POPU- 3 LATION AND CURRENT DISEASE MANAGEMENT PRACTICES. SUCH STUDY SHALL 4 UTILIZE INFORMATION OBTAINED PURSUANT TO ARTICLE TWENTY-FOUR-F OF THIS 5 CHAPTER, AND INCLUDE: 6 (A) THE CAUSE AND NATURE OF THE DISEASE; 7 (B) BEHAVIORAL AND ENVIRONMENTAL TRIGGERS; 8 (C) AN ASSESSMENT OF THE NEED FOR PATIENT-CENTERED CASE MANAGEMENT TO 9 MEET SPECIFIC PHYSICAL AND ENVIRONMENTAL NEEDS OF PATIENTS; 10 (D) OUTCOME EVALUATIONS, INCLUDING, BUT NOT LIMITED TO, PATIENT 11 PERCEPTIONS OF IMPROVEMENT, SIGNS AND SYMPTOMS OF ASTHMA, PULMONARY 12 FUNCTION, HISTORY OF ASTHMA EXACERBATIONS, PHARMACOTHERAPY, ASSESSMENT 13 OF HOSPITAL EMERGENCY ROOM VISITS FOR ASTHMA, AND PATIENT-PROVIDER 14 COMMUNICATION; AND 15 (E) AN ASSESSMENT OF THE ABILITY OF PROVIDERS, INCLUDING NON-PROFES- 16 SIONALS AND HEALTH CARE PROFESSIONALS SUCH AS PHYSICIANS, NURSES, PHAR- 17 MACISTS AND RESPIRATORY THERAPISTS, TO SYSTEMICALLY INSTRUCT AND DEVELOP 18 ASTHMA MANAGEMENT PLANS FOR PATIENTS AND FREQUENTLY REVIEW WITH PATIENTS 19 AND THEIR FAMILIES HOW TO MANAGE AND CONTROL THEIR ASTHMA. 20 2. THE DEPARTMENT SHALL GATHER DATA FOR MONITORING THE OCCURRENCE, 21 FREQUENCY, INCIDENCE, CAUSE, EFFECT AND SEVERITY OF ASTHMA. 22 (A) THE DEPARTMENT MAY REQUIRE THE FOLLOWING TO REPORT DATA UNDER THIS 23 SUBDIVISION: 24 I. THE STATEWIDE PLANNING AND RESEARCH COOPERATIVE SYSTEM (SPARCS); 25 II. HEALTH MAINTENANCE ORGANIZATIONS LICENSED PURSUANT TO ARTICLE 26 FORTY-THREE OF THE INSURANCE LAW OR CERTIFIED PURSUANT TO THIS CHAPTER 27 OR AN INDEPENDENT PRACTICE ASSOCIATION CERTIFIED OR RECOGNIZED PURSUANT 28 TO THIS CHAPTER; 29 III. OTHER INSURERS; 30 IV. THE MEDICAID (TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT) 31 PROGRAM; 32 V. HEALTH FACILITIES; 33 VI. HEALTH CARE PRACTITIONERS; 34 VII. PATIENTS: SELF REPORTING; 35 VIII. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; AND 36 IX. ANY OTHER SOURCE THE COMMISSIONER DEEMS APPROPRIATE. 37 (B) THE DEPARTMENT SHALL COMPILE AND ANALYZE DATA GATHERED UNDER PARA- 38 GRAPH (A) OF THIS SUBDIVISION AND ARTICLE TWENTY-FOUR-F OF THIS CHAPTER, 39 AND CORRELATE IT WITH DATA AS TO PLACES OF EMPLOYMENT, AREAS OF RESI- 40 DENCE, SCHOOLS ATTENDED, AGES OF THOSE AFFLICTED, ENVIRONMENTAL FACTORS 41 INCLUDING PROXIMITY TO SOURCE OF POLLUTION AND SUCH OTHER DATA AS THE 42 DEPARTMENT DEEMS APPROPRIATE. 43 (C) THE DEPARTMENT SHALL MAINTAIN AND COMPILE REPORTED DATA IN A 44 MANNER SUITABLE FOR RESEARCH PURPOSES AND SHALL COLLECT AND MAKE SUCH 45 DATA AVAILABLE TO PERSONS IN THE MANNER SET FORTH IN SUBDIVISION THREE 46 OF THIS SECTION. 47 3. ANY DATA COLLECTED OR REPORTED SHALL NOT CONTAIN THE NAME OF ANY 48 PATIENT, HIS OR HER SOCIAL SECURITY NUMBER, OR ANY OTHER INFORMATION 49 WHICH WOULD PERMIT A PATIENT TO BE IDENTIFIED. THE DEPARTMENT SHALL 50 DEVELOP A UNIQUE, CONFIDENTIAL IDENTIFIER TO BE USED IN THE COLLECTION 51 OF PATIENT INFORMATION AS REQUIRED BY THIS SECTION. 52 S 2727. ANNUAL REPORT. COMMENCING ON THE FIRST OF JANUARY NEXT 53 SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER, 54 THE COMMISSIONER SHALL SUBMIT A REPORT REGARDING THE STATUS AND ACCOM- 55 PLISHMENTS OF THE PROGRAM AND PROVIDE RECOMMENDATIONS TO THE GOVERNOR, 56 THE TEMPORARY PRESIDENT AND THE MINORITY LEADER OF THE SENATE, AND THE S. 5863 4 1 SPEAKER AND THE MINORITY LEADER OF THE ASSEMBLY. SUCH REPORT MAY BE 2 SUBMITTED IN CONJUNCTION WITH THE REPORT REQUIRED BY ARTICLE 3 TWENTY-FOUR-F OF THIS CHAPTER. 4 S 2. This act shall take effect on the one hundred eightieth day after 5 it shall have become law. Effective immediately the commissioner of 6 health is authorized to promulgate any and all rules and regulations and 7 take any other measures necessary to implement the provisions of this 8 act on its effective date. 9 PART B 10 Section 1. The public health law is amended by adding a new article 11 13-I to read as follows: 12 ARTICLE 13-I 13 IN-UTERO EXPOSURE TO TOBACCO SMOKE PREVENTION 14 SECTION 1399-XX. IN-UTERO EXPOSURE PREVENTION. 15 1399-YY. PROGRAMS. 16 S 1399-XX. IN-UTERO EXPOSURE PREVENTION. 1. EVERY HEALTHCARE PROVIDER, 17 HEALTHCARE INSURER AND PREGNANCY PROGRAM SHALL DISTRIBUTE INFORMATION ON 18 THE ADVERSE EFFECTS OF SMOKING DURING PREGNANCY FOR BOTH FIRSTHAND AND 19 SECONDHAND SMOKE. SUCH ADVERSE EFFECTS TO THE INFANT INCLUDE LOWER BIRTH 20 RATES, HIGHER INCIDENCE OF ASTHMA AND OBESITY, AND COGNITIVE AND DEVEL- 21 OPMENTAL DAMAGE. 22 2. EVERY HEALTHCARE PROVIDER SHALL MONITOR EXPECTANT MOTHERS' SMOKING 23 STATUSES AND OFFER CONTINUOUS TAILORED DISCUSSION OF QUITTING SMOKING 24 WITH EXPECTANT MOTHERS DURING THEIR PRENATAL CARE. 25 S 1399-YY. PROGRAMS. THE FOLLOWING PROGRAMS SHALL BE ADDED TO EXISTING 26 TOBACCO CONTROL PROGRAMS FOR PREGNANT WOMEN OR TO OTHER PREGNANCY 27 RELATED PROGRAMS: 28 1. CARBON MONOXIDE MONITORING; 29 2. DEPRESSION, SOCIAL SUPPORT AND DOMESTIC VIOLENCE SCREENING AND 30 REFERRALS; 31 3. REFERRALS FOR SMOKING CESSATION FOR HOUSEHOLD MEMBERS; 32 4. ONGOING SUPPORT BY COUNSELING AND EDUCATIONAL MATERIALS; AND 33 5. FINANCIAL INCENTIVES SUCH AS SHIPPING VOUCHER OR DIAPER COUPONS FOR 34 QUITTING FOR MORE THAN FOUR WEEKS. 35 S 2. This act shall take effect on the one hundred eightieth day after 36 it shall have become a law. Provided, that effective immediately the 37 commissioner of health is authorized and directed to promulgate any and 38 all rules and regulations, and take any other measures necessary to 39 implement the provisions of this act on its effective date. 40 PART C 41 Section 1. The public health law is amended by adding a new article 42 24-F to read as follows: 43 ARTICLE 24-F 44 ASTHMA REPORTING 45 SECTION 2499-B. ASTHMA; DUTY TO REPORT. 46 2499-C. REPORTING. 47 2499-D. ASTHMA; REPORTS CONFIDENTIAL. 48 S 2499-B. ASTHMA; DUTY TO REPORT. 1. EVERY PHYSICIAN AND OTHER HEALTH 49 CARE PROVIDER SHALL GIVE NOTICE TO THE DEPARTMENT WITHIN THIRTY DAYS OF 50 EVERY INCIDENT OF AN ASTHMA ATTACK COMING UNDER HIS OR HER CARE, EXCEPT 51 AS OTHERWISE PROVIDED. S. 5863 5 1 2. THE PERSON IN CHARGE OF EVERY ASTHMA REPORTING FACILITY SHALL GIVE 2 NOTICE TO THE DEPARTMENT WITHIN THIRTY DAYS OF EVERY INCIDENT OF AN 3 ASTHMA ATTACK COMING UNDER THE CARE OF SUCH FACILITY. 4 3. THE DEPARTMENT SHALL ESTABLISH REGULATIONS DESIGNATING WHICH 5 SPECIFIC INFORMATION SHALL BE REPORTED TO THE DEPARTMENT PURSUANT TO 6 THIS SECTION. 7 4. A PHYSICIAN OR HEALTH CARE PROVIDER OR ASTHMA REPORTING FACILITY 8 WHICH VIOLATES ANY PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL 9 PENALTY PURSUANT TO SECTION TWELVE OF THIS CHAPTER. 10 5. THE NOTICES REQUIRED BY THIS SECTION SHALL BE UPON FORMS SUPPLIED 11 BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AS SHALL BE 12 REQUIRED BY THE COMMISSIONER. 13 6. FOR THE PURPOSES OF THIS SECTION, AN "ASTHMA REPORTING FACILITY" 14 MEANS A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, 15 CLINIC, ANY ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF 16 THIS CHAPTER, OR OTHER SIMILAR PUBLIC OR PRIVATE INSTITUTION. 17 S 2499-C. REPORTING. 1. THE COMMISSIONER SHALL SUBMIT BIENNIAL REPORTS 18 TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF 19 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER 20 OF THE ASSEMBLY. THE REPORTS SHALL INCLUDE AN EVALUATION OF THE ASTHMA 21 REGISTRY AS IT RELATES TO TIMELINESS, QUALITY AND COMPLETENESS; AN EVAL- 22 UATION OF THE UTILITY OF THE REGISTRY FOR SCIENTIFIC RESEARCH; AN EVALU- 23 ATION OF THE ACCESS, TIMELINESS AND QUALITY OF REPORTING INFORMATION TO 24 RESEARCHERS AND OTHER SIMILAR INDIVIDUALS; AN EVALUATION OF THE REGIS- 25 TRY'S DATA ELEMENTS, INCLUDING TREATMENT, SEVERITY OF DISEASE, OCCUPA- 26 TION, AGE AND RESIDENCE; AN EVALUATION OF THE FEASIBILITY AND UTILITY OF 27 INCLUSION OF OCCUPATIONAL HISTORY AND RESIDENCE HISTORY; AND AN EVALU- 28 ATION OF INTEGRATING THE REGISTRY WITH OTHER DATABASES MAINTAINED BY 29 STATE AGENCIES AND DEPARTMENTS, INCLUDING THE STATEWIDE PLANNING AND 30 RESEARCH COOPERATIVE SYSTEM. 31 2. THE COMMISSIONER SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE 32 TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE 33 MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY. 34 SUCH REPORT SHALL INCLUDE AN EVALUATION OF WHETHER THE REGISTRY IS 35 ACHIEVING ASTHMA INCIDENCE REGISTRY GOALS ESTABLISHED BY A NATIONALLY 36 RECOGNIZED ASTHMA REGISTRY ORGANIZATION, INCLUDING NUMERICAL GOALS 37 CONCERNING TIMELINESS, QUALITY, AND COMPLETENESS. 38 S 2499-D. ASTHMA; REPORTS CONFIDENTIAL. THE REPORTS OF ASTHMA ATTACKS 39 MADE PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL NOT BE DIVULGED OR 40 MADE PUBLIC BY ANY PERSON SO AS TO DISCLOSE THE IDENTITY OF ANY PERSON 41 TO WHOM THEY RELATE, EXCEPT IN SO FAR AS MAY BE AUTHORIZED IN THE SANI- 42 TARY CODE. 43 S 2. This act shall take effect on the one hundred eightieth day after 44 it shall have become a law. Effective immediately, the commissioner of 45 health is authorized to promulgate any and all rules and regulations and 46 take any other measures necessary to implement this act on its effective 47 date on or before such date. 48 PART D 49 Section 1. Subdivisions 2 and 4 of section 2111 of the public health 50 law, as added by section 21 of part C of chapter 58 of the laws of 2004, 51 are amended to read as follows: 52 2. The department shall establish the criteria by which individuals 53 will be identified as eligible for enrollment in the demonstration 54 programs. Persons eligible for enrollment in the disease management S. 5863 6 1 demonstration program shall be limited to individuals who: receive 2 medical assistance pursuant to title eleven of article five of the 3 social services law and may be eligible for benefits pursuant to title 4 18 of the social security act (Medicare); are not enrolled in a Medicaid 5 managed care plan, including individuals who are not required or not 6 eligible to participate in Medicaid managed care programs pursuant to 7 section three hundred sixty-four-j of the social services law; are diag- 8 nosed with chronic health problems as may be specified by the entity 9 undertaking the demonstration program, including, but not limited to one 10 or more of the following: congestive heart failure, chronic obstructive 11 pulmonary disease, asthma, EMPHYSEMA, CHRONIC BRONCHITIS, OTHER RESPIR- 12 ATORY DISEASES, diabetes or other chronic health conditions as may be 13 specified by the department; or have experienced or are likely to expe- 14 rience one or more hospitalizations or are otherwise expected to incur 15 excessive costs and high utilization of health care services. 16 4. The demonstration program shall offer evidence-based services and 17 interventions designed to ensure that the enrollees receive high quali- 18 ty, preventative and cost-effective care, aimed at reducing the necessi- 19 ty for hospitalization or emergency room care or at reducing lengths of 20 stay when hospitalization is necessary. The demonstration program may 21 include screening of eligible enrollees, developing an individualized 22 care management plan for each enrollee and implementing that plan. 23 Disease management demonstration programs that utilize information tech- 24 nology systems that allow for continuous application of evidence-based 25 guidelines to medical assistance claims data and other available data to 26 identify specific instances in which clinical interventions are justi- 27 fied and communicate indicated interventions to physicians, health care 28 providers and/or patients, and monitor physician and health care provid- 29 er response to such interventions, shall have the enrollees, or groups 30 of enrollees, approved by the department for participation. The services 31 provided by the demonstration program as part of the care management 32 plan may include, but are not limited to, case management, social work, 33 individualized health counselors, multi-behavioral goals plans, claims 34 data management, health and self-care education, drug therapy management 35 and oversight, personal emergency response systems and other monitoring 36 technologies, SYSTEMATIC CHRONIC HEALTH CONDITIONS IDENTIFIED FOR MONI- 37 TORING, telehealth services and similar services designed to improve the 38 quality and cost-effectiveness of health care services. 39 S 2. This act shall take effect immediately. 40 PART E 41 Section 1. Subdivision 1 of section 2599-b of the public health law, 42 as amended by section 88 of part B of chapter 58 of the laws of 2005, is 43 amended to read as follows: 44 1. The program shall be designed to prevent and reduce the incidence 45 and prevalence of obesity in children and adolescents, especially among 46 populations with high rates of obesity and obesity-related health 47 complications including, but not limited to, diabetes, heart disease, 48 cancer, osteoarthritis, asthma, EMPHYSEMA, CHRONIC BRONCHITIS, OTHER 49 CHRONIC RESPIRATORY DISEASES and other conditions. The program shall use 50 recommendations and goals of the United States departments of agricul- 51 ture and health and human services, the surgeon general and centers for 52 disease control in developing and implementing guidelines for nutrition 53 education and physical activity projects as part of obesity prevention 54 efforts. The content and implementation of the program shall stress the S. 5863 7 1 benefits of choosing a balanced, healthful diet from the many options 2 available to consumers, without specifically targeting the elimination 3 of any particular food group, food product or food-related industry. 4 S 2. Paragraphs (f) and (g) of subdivision 2 of section 2599-b of the 5 public health law, as amended by section 88 of part B of chapter 58 of 6 the laws of 2005, are amended and a new paragraph (h) is added to read 7 as follows: 8 (f) developing training programs for medical and other health profes- 9 sionals to teach practical skills in nutrition and exercise education to 10 children and their parents and caregivers; [and] 11 (g) developing screening programs in coordination with health care 12 providers and institutions including but not limited to day care centers 13 and schools for overweight and obesity for children aged two through 14 eighteen years, using body mass index (BMI) appropriate for age and 15 gender, and notification, in a manner protecting the confidentiality of 16 such children and their families, of parents of BMI status, and explana- 17 tion of the consequences of such status, including recommended actions 18 parents may need to take and information about resources and referrals 19 available to families to enhance nutrition and physical activity to 20 reduce and prevent obesity[.]; AND 21 (H) COORDINATING WITH THE EDUCATION DEPARTMENT, OFFICE OF TEMPORARY 22 AND DISABILITY ASSISTANCE, OFFICE OF CHILDREN AND FAMILY SERVICES AND 23 OTHER FEDERAL, STATE AND LOCAL AGENCIES TO INCORPORATE STRATEGIES TO 24 CURTAIL THE INCIDENCE OF ASTHMA, EMPHYSEMA, CHRONIC BRONCHITIS AND OTHER 25 CHRONIC RESPIRATORY DISEASES TO ENABLE ADULTS AND CHILDREN TO SAFELY 26 INCREASE PHYSICAL ACTIVITY TO HELP CURB THE INCIDENCE OF OBESITY. 27 S 3. This act shall take effect immediately. 28 PART F 29 Section 1. Legislative intent. The legislature recognizes that expo- 30 sure to second-hand smoke is known to cause cancer, pneumonia, asthma, 31 bronchitis and heart disease in humans, and to trigger asthma attacks. 32 The legislature finds that prohibiting smoking within a presumptively 33 reasonable minimum distance of fifteen feet from entrances and exits 34 that serve enclosed areas where smoking is prohibited is consistent with 35 such prohibition. This legislation will apply to any individual occupy- 36 ing such area with the purpose of smoking, but provides exceptions for 37 individuals passing through such area. Therefore, the legislature finds 38 that smoking in such area shall be prohibited and owners and other indi- 39 viduals in control of such area are recommended to post signs indicating 40 no smoking areas and providing for fines for violations. 41 S 2. The public health law is amended by adding a new section 1399-o-1 42 to read as follows: 43 S 1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS. 1. SMOKING 44 IS PROHIBITED WITHIN A PRESUMPTIVELY REASONABLE MINIMUM DISTANCE OF 45 FIFTEEN FEET FROM ENTRANCES OR EXITS OF PUBLIC BUILDINGS OR PRIVATE 46 BUILDINGS THAT CONTAIN STATE OR MUNICIPAL OFFICES OR EDUCATIONAL FACILI- 47 TIES FOR ELEMENTARY OR SECONDARY SCHOOL STUDENTS. SUCH DISTANCE SHALL 48 BECOME A DESIGNATED NO SMOKING ZONE. 49 2. LOCAL HEALTH DEPARTMENTS ARE AUTHORIZED TO ADOPT REGULATIONS AS ARE 50 REQUIRED TO IMPLEMENT THIS SECTION. ANY PENALTY ASSESSED AND RECOVERED 51 IN AN ACTION BROUGHT UNDER THIS SECTION SHALL BE PAID TO AND USED BY THE 52 MUNICIPALITY BRINGING THE ACTION. 53 3. THIS SECTION SHALL NOT APPLY TO INDIVIDUALS WALKING THROUGH THE 54 DESIGNATED NO SMOKING ZONE OF SUCH AREA FOR THE PURPOSE OF GETTING TO S. 5863 8 1 ANOTHER DESTINATION, BUT SHALL ONLY APPLY TO INDIVIDUALS OCCUPYING THE 2 DESIGNATED NO SMOKING ZONE FOR THE PURPOSE OF SMOKING. 3 4. ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE GUILTY 4 OF A VIOLATION, AND IS SUBJECT TO A FINE OF THIRTY-FIVE DOLLARS. 5 5. THE COMMISSIONER MAY RECOMMEND DESIGNS FOR SIGNS WHICH MAY BE USED 6 BY THE OWNERS, OPERATORS, MANAGERS, EMPLOYERS OR OTHER PERSONS, AT THEIR 7 OPTION, WHO CONTROL AREAS WHERE SMOKING IS PROHIBITED PURSUANT TO 8 SECTION THIRTEEN HUNDRED NINETY-NINE-O OF THIS ARTICLE. SUCH SIGNS SHALL 9 INCLUDE THE WARNING THAT "SMOKING IN THIS AREA IS PUNISHABLE BY LAW AND 10 ALL VIOLATORS SHALL BE SUBJECT TO A FINE OF THIRTY-FIVE DOLLARS." 11 6. NOTHING CONTAINED IN THIS SECTION IS INTENDED TO REGULATE SMOKING 12 IN A PRIVATE RESIDENCE OR IN THE GENERAL PUBLIC OUTDOORS, EXCEPTING 13 PLACES IN WHICH SMOKING IS PROHIBITED THROUGH THE LOCAL FIRE DEPARTMENT, 14 OR BY OTHER LAW, ORDINANCE, OR REGULATION. 15 S 3. This act shall take effect on the one hundred twentieth day after 16 it shall have become a law. 17 PART G 18 Section 1. The education law is amended by adding a new section 3001-e 19 to read as follows: 20 S 3001-E. ASTHMA EMERGENCIES; TRAINING IN IDENTIFICATION AND RESPONSE. 21 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL 22 ESTABLISH STANDARDS FOR THE TRAINING OF TEACHERS AND OTHER APPROPRIATE 23 PERSONNEL IN IDENTIFYING AND RESPONDING TO ASTHMA EMERGENCIES IN PUPILS 24 AND OTHER PERSONS. SUCH STANDARDS SHALL SPECIFY MINIMUM LEVELS OF KNOW- 25 LEDGE AND PROCEDURES TO BE FOLLOWED. SUCH STANDARDS SHALL PERMIT TRAIN- 26 ING TO BE GIVEN BY PERSONS OR ORGANIZATIONS DEEMED QUALIFIED TO DO SO BY 27 THE COMMISSIONER. 28 S 2. This act shall take effect one year after it shall have become a 29 law. 30 PART H 31 Section 1. The real property law is amended by adding a new section 32 235-h to read as follows: 33 S 235-H. RESIDENTIAL RENTAL PROPERTY SMOKING POLICIES. EVERY RENTAL 34 AGREEMENT FOR A DWELLING UNIT, IN A MULTIPLE DWELLING BUILDING WITH FOUR 35 OR MORE UNITS, SHALL INCLUDE A DISCLOSURE OF THE SMOKING POLICY FOR THE 36 PREMISES ON WHICH THE DWELLING UNIT IS LOCATED. THE DISCLOSURE MUST 37 STATE WHETHER SMOKING IS PROHIBITED ON THE PREMISES, ALLOWED ON THE 38 ENTIRE PREMISES OR ALLOWED IN LIMITED AREAS ON THE PREMISES. IF THE 39 SMOKING POLICY ALLOWS SMOKING IN LIMITED AREAS ON THE PREMISES, THE 40 DISCLOSURE MUST IDENTIFY THE AREAS ON THE PREMISES WHERE SMOKING IS 41 ALLOWED. 42 S 2. This act shall take effect on the first of January next succeed- 43 ing the date on which it shall have become a law. 44 PART I 45 Section 1. The education law is amended by adding a new section 1527-a 46 to read as follows: 47 S 1527-A. IDLING MOTOR VEHICLES ON SCHOOL GROUNDS. 1. ON OR BEFORE 48 SEPTEMBER FIRST, TWO THOUSAND THIRTEEN AND CONSISTENT WITH THE COMMIS- 49 SIONER'S REGULATIONS, ADOPTED PURSUANT TO SECTION THIRTY-SIX HUNDRED 50 THIRTY-SEVEN OF THIS CHAPTER, THE BOARD OF EDUCATION OR BOARD OF TRUS- S. 5863 9 1 TEES OF EVERY SCHOOL DISTRICT AND THE GOVERNING BODY OF EVERY PRIVATE 2 ELEMENTARY OR SECONDARY SCHOOL IN THE STATE SHALL PROMULGATE AND IMPLE- 3 MENT RULES PROHIBITING THE ENGINE OF ANY MOTOR VEHICLE, AS DEFINED IN 4 SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, TO 5 REMAIN IDLING FOR MORE THAN ONE MINUTE WHILE SUCH VEHICLE IS PARKED OR 6 STANDING ON SCHOOL GROUNDS, ADJACENT TO SCHOOL GROUNDS, OR IN FRONT OF 7 ANY SCHOOL WHILE LOADING OR OFF LOADING PASSENGERS. 8 2. EACH SCHOOL DISTRICT AND PRIVATE ELEMENTARY AND SECONDARY SCHOOL 9 SHALL CONSPICUOUSLY POST SIGNS UPON, ADJACENT AND IN FRONT OF SCHOOL 10 GROUNDS ADVISING OPERATORS OF MOTOR VEHICLES OF THE PROVISIONS OF THE 11 RULES ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION. 12 S 2. This act shall take effect immediately. 13 PART J 14 Section 1. Section 916 of the education law, as amended by chapter 524 15 of the laws of 2006, is amended to read as follows: 16 S 916. Pupils afflicted with asthma OR OTHER POTENTIALLY LIFE-THREAT- 17 ENING RESPIRATORY ILLNESSES. The board of education or trustees of each 18 school district and board of cooperative educational services shall 19 allow pupils who have been diagnosed by a physician or other duly 20 authorized health care provider with a severe OR MODERATELY SEVERE asth- 21 matic condition OR OTHER POTENTIALLY LIFE-THREATENING RESPIRATORY 22 ILLNESS to carry and use a prescribed inhaler during the school day, 23 with the written permission of a physician or other duly authorized 24 health care provider, and parental consent, based on such physician's or 25 provider's determination that such pupil is subject to sudden asthmatic 26 attacks [severe enough to] THAT CAN debilitate such pupil. A record of 27 such permission shall be maintained in the school office. In addition, 28 upon the written request of a parent or person in parental relation, the 29 board of education or trustees of a school district and board of cooper- 30 ative educational services shall allow such pupils to maintain an extra 31 such inhaler in the care and custody of a registered professional nurse 32 OR OTHER DESIGNATED RESPONSIBLE PERSON employed by such district or 33 board of cooperative educational services. Nothing in this section 34 shall require a school district or board of cooperative educational 35 services to retain a school nurse solely for the purpose of taking 36 custody of a spare inhaler, or require that a school nurse be available 37 at all times in a school building for such purpose. 38 S 2. The education law is amended by adding a new section 921 to read 39 as follows: 40 S 921. USE OF NEBULIZER. 1. EVERY SCHOOL DISTRICT AND BOARD OF COOPER- 41 ATIVE EDUCATIONAL SERVICES IN THIS STATE MAY MAINTAIN ONE OR MORE NEBU- 42 LIZERS IN THE OFFICE OF THE SCHOOL NURSE OR IN A SIMILAR ACCESSIBLE 43 LOCATION. 44 2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, 45 MAY PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF ASTHMA MEDICATION 46 THROUGH THE USE OF A NEBULIZER BY THE SCHOOL NURSE OR PERSON AUTHORIZED 47 BY REGULATION. THE REGULATIONS MAY INCLUDE: 48 A. A REQUIREMENT THAT EACH CERTIFIED NURSE OR OTHER PERSON AUTHORIZED 49 TO ADMINISTER ASTHMA MEDICATION IN SCHOOLS RECEIVE TRAINING IN AIRWAY 50 MANAGEMENT AND IN THE USE OF NEBULIZERS AND INHALERS CONSISTENT WITH 51 NATIONALLY RECOGNIZED STANDARDS; AND 52 B. A REQUIREMENT THAT EACH PUPIL AUTHORIZED TO USE ASTHMA MEDICATION 53 PURSUANT TO SUBDIVISION ONE OF SECTION NINE HUNDRED SIXTEEN OF THIS 54 ARTICLE OR A NEBULIZER HAVE AN ASTHMA TREATMENT PLAN PREPARED BY THE S. 5863 10 1 PHYSICIAN OF THE PUPIL, WHICH IDENTIFY, AT A MINIMUM, ASTHMA TRIGGERS, 2 THE TREATMENT PLAN, AND SUCH OTHER ELEMENTS AS SHALL BE DETERMINED BY 3 THE REGENTS. 4 S 3. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law; provided, however, that effective immediate- 6 ly the commissioner of education is authorized to promulgate rules and 7 regulations for the implementation of this act on such effective date. 8 PART K 9 Section 1. Subdivision 7 of section 33-0303 of the environmental 10 conservation law, as added by chapter 85 of the laws of 2010, is amended 11 to read as follows: 12 7. The commissioner, in consultation with the commissioner of educa- 13 tion and the commissioner of health, shall develop guidance AND REGU- 14 LATIONS on pesticide alternatives to facilitate compliance with section 15 four hundred nine-k of the education law and three hundred ninety-g of 16 the social services law. PROVIDED, FURTHER, THAT SUCH PESTICIDE ALTERNA- 17 TIVES SHALL HELP TO MINIMIZE THE INCIDENCE OF ASTHMA ATTACKS IN PUBLIC 18 AND PRIVATE BUILDINGS AND RESIDENCES, WHILE STILL EFFECTIVELY CONTROL- 19 LING THE TARGETED PEST OR ORGANISM. SUCH REGULATIONS SHALL PROVIDE FOR 20 THE USE OF THE LEAST TOXIC PESTICIDE OR PESTICIDES, WHICH EFFECTIVELY 21 ERADICATES THE TARGETED PEST OR ORGANISM. 22 S 2. This act shall take effect immediately. 23 PART L 24 Section 1. The public buildings law is amended by adding a new 25 section 143 to read as follows: 26 S 143. CURTAIL USE OF CHEMICALS THAT INDUCE OR TRIGGER ASTHMA ATTACKS. 27 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE 28 SUPERINTENDENT OF EVERY STATE PUBLIC BUILDING, AND OF EVERY TRANSPORTA- 29 TION FACILITY OPERATED BY A PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION 30 OR MUNICIPALITY SHALL TO THE BEST OF HIS OR HER ABILITY CURTAIL THE USE 31 OF CLEANING MATERIALS OR CHEMICALS, EXPOSURE TO WHICH MAY CAUSE EITHER 32 THE BUILDING CLEANING STAFF OR OTHER PERSONS WHO ENTER SUCH BUILDING TO 33 DEVELOP THE DISEASE OF ASTHMA, OR WHICH MAY EXACERBATE OR TRIGGER AN 34 ASTHMA ATTACK. 35 2. A DETERMINATION OF WHICH OR THE QUANTITY OR CONCENTRATION OF SUCH 36 CLEANING MATERIALS OR CHEMICALS EXPOSURE TO WHICH MAY CAUSE PERSONS TO 37 DEVELOP THE DISEASE OF ASTHMA, OR WHICH MAY EXACERBATE OR TRIGGER AN 38 ASTHMA ATTACK, SHALL BE MADE BY THE COMMISSIONER OF HEALTH WHO SHALL 39 PROMULGATE A LIST OF SUCH CLEANING MATERIALS OR CHEMICALS. 40 S 2. This act shall take effect on the one hundred eightieth day after 41 it shall have become a law. 42 S 3. Severability clause. If any clause, sentence, paragraph, subdi- 43 vision, section or part of this act shall be adjudged by any court of 44 competent jurisdiction to be invalid, such judgment shall not affect, 45 impair, or invalidate the remainder thereof, but shall be confined in 46 its operation to the clause, sentence, paragraph, subdivision, section 47 or part thereof directly involved in the controversy in which such judg- 48 ment shall have been rendered. It is hereby declared to be the intent of 49 the legislature that this act would have been enacted even if such 50 invalid provisions had not been included herein. S. 5863 11 1 S 4. This act shall take effect immediately provided, however, that 2 the applicable effective date of Parts A through L of this act shall be 3 as specifically set forth in the last section of such Parts.