Relates to administering asthma rescue medications and authorizing schools to possess and administer asthma rescue medications in emergency situations to pupils with a requirement that the parent or guardian of such pupils are notified in writing of such emergency situation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5432
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the education law, in relation to administering asthma
rescue medications and authorizing schools to possess and administer
asthma rescue medications in emergency situations
PURPOSE:
Provides the administration of asthma• rescue medications and authorizes
schools to have asthma rescue medications for emergency situations.
SUMMARY OF PROVISIONS:
Section 1 amends Section 916 of the education law, as amended by chapter
423 of 8 the laws of 2014. Pupils with asthma or another respiratory .
disease requiring rescue inhaler treatment. 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 healthcare provider with an asthmatic condition or
another respiratory disease to carry and use a prescribed inhaler and
self-administer inhaled rescue medications to alleviate respiratory
symptoms or to.prevent the onset of exercise induced asthmatic symptoms
during the school day on school property and at any school function as
such terms are defined, respectively, by subdivisions one and two of
section eleven of this chapter, with the written permission of a physi-
cian or other duly authorized health care provider, and written parental
consent.
Section 2 amends the executive law by adding a new section. School
districts and boards of cooperative educational services in this state
may provide and maintain on-site in each instructional school facility
asthma rescue medications in quantities and types deemed by the commis-
sioner, in consultation with the commissioner of health, and for the
city of New York, the commissioner of health of the city of New York, to
be adequate to ensure ready and appropriate access for use during emer-
gencies. Every parent or guardian of a pupil who is administered such
asthma rescue medications shall be notified in writing of such incident
Section 3 states the act shall take effect immediately.
JUSTIFICATION:
Over 145,000 students in New York City have a known diagnosis of asthma
and over 21,000 students had an asthma attack in 2016. In schools, medi-
cation administration forms (MAF) are required in order to dispense most
types of medication in schools, including albuterol and other asthma
rescue medications.
These provide authorization from medical providers for the adminis-
tration of . medication in school to their patients by school medical
providers so that in administering the medication, providers remain in
compliance with New York State Department of Education professional
licensing requirements.
In order to obtain a MAF, parents or guardians must take their children
to a primary care provider for an examination, which may be a challenge
for those who cannot take time away from work, do not have adequate
child care, or do not have the funds to pay providers for the examina-
tion or completion of the form. Only 25% of students have a MAF on file.
If a student experiences asthma distress symptoms and does not have a
medication administration form on file, schools must obtain a specific
order from a doctor before administering asthma rescue medication, call
911, or call parents to take the child for medical care, depending on
the severity of the symptoms.
Delays prevent children from immediately receiving life-saving asthma
treatment, calls to emergency services result in significant financial
costs to municipalities, and unnecessary loss of academic time for
students.
NYS Education Law (NY CLS Educ '6909) allows nurses to execute non-pa-
tient specific standing orders for immunizations, emergency epinephrine
treatment of anaphylaxis, screening for tuberculosis, testing for HIV or
Hepatitis C, or the emergency treatment of opioid related
overdose/suspected opioid related overdose.
Procedures already exist for nurses to execute-non-patient specific
standing orders for epinephrine for students experiencing anaphylaxis in
schools, and could be adapted to asthma rescue medications.
LEGISLATIVE HISTORY:
2020: S6921,Kaminsky. Referred to Education.
2019: S6921,Kaminsky. Referred to Rules.
2018: S7766,Alcantara. Referred to Higher Education.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5432
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to administering asthma
rescue medications and authorizing schools to possess and administer
asthma rescue medications in emergency situations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 6527 of the education law is
2 amended by adding a new paragraph (i) to read as follows:
3 (i) administering asthma rescue medications.
4 § 2. Subdivision 4 of section 6909 of the education law is amended by
5 adding a new paragraph (i) to read as follows:
6 (i) administering asthma rescue medications.
7 § 3. Section 916 of the education law, as amended by chapter 423 of
8 the laws of 2014, is amended to read as follows:
9 § 916. Pupils with asthma or another respiratory disease requiring
10 rescue inhaler treatment. 1. The board of education or trustees of each
11 school district, or in the case of the city school district of New York,
12 the chancellor of the city school district, and board of cooperative
13 educational services shall allow pupils who have been diagnosed by a
14 physician or other duly authorized health care provider with an asthmat-
15 ic condition or another respiratory disease to carry and use a
16 prescribed inhaler and self-administer inhaled rescue medications to
17 alleviate respiratory symptoms or to prevent the onset of exercise
18 induced asthmatic symptoms during the school day on school property and
19 at any school function as such terms are defined, respectively, by
20 subdivisions one and two of section eleven of this chapter, with the
21 written permission of a physician or other duly authorized health care
22 provider, and written parental consent. The written permission shall
23 include an attestation by the physician or the health care provider
24 confirming the following: (a) the pupil is diagnosed with asthma or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06433-01-3
A. 5432 2
1 another respiratory disease for which inhaled rescue medications are
2 prescribed to alleviate respiratory symptoms or to prevent the onset of
3 exercise induced asthmatic symptoms; and (b) that the pupil has demon-
4 strated that he or she can self-administer the prescribed inhaled rescue
5 medication effectively. The written permission shall also include the
6 name of the prescribed inhaled rescue medication, the dose, the times
7 when the medication is to be taken, the circumstances which may warrant
8 the use of the medication and the length of time for which the inhaler
9 is prescribed. A record of such consent and permission shall be main-
10 tained in the student's cumulative health record. In addition, upon the
11 written request of a parent or person in parental relation, the board of
12 education or trustees of a school district, or in the case of the city
13 school district of New York, the chancellor, and board of cooperative
14 educational services shall allow such pupils to maintain an extra such
15 inhaler in the care and custody of a licensed nurse, nurse practitioner,
16 physician assistant, or physician employed by such district or board of
17 cooperative educational services, and shall be readily accessible to
18 such pupil. Nothing in this section shall require a school district or
19 board of cooperative educational services to retain a licensed nurse,
20 nurse practitioner, physician assistant, or physician solely for the
21 purpose of taking custody of a spare inhaler for the treatment of asthma
22 or a respiratory disease requiring rescue medication treatment, or
23 require that a licensed nurse, nurse practitioner, physician assistant,
24 or physician be available at all times in a school building for the
25 purpose of taking custody of the inhaler. In addition, the medication
26 provided by the pupil's parents or persons in parental relation shall be
27 made available to the pupil as needed in accordance with the school
28 district's, or board of cooperative educational services' policy and the
29 orders prescribed in the written permission of the physician or other
30 authorized health care provider.
31 2. (a) The board of education or trustees of each school district, or
32 in the case of the city school district of New York, the chancellor of
33 the city school district, and boards of cooperative educational services
34 in this state may provide and maintain on-site in each instructional
35 school facility asthma rescue medications in quantities and types deemed
36 by the commissioner, in consultation with the commissioner of health,
37 and for the city of New York, the commissioner of health of the city of
38 New York, to be adequate to ensure ready and appropriate access for
39 supervised use by a registered nurse, where practicable, during emergen-
40 cies. Such emergency use of asthma rescue medication shall only be used
41 if the pupil's prescribed asthma rescue medication or spare inhaler is
42 not readily accessible or in emergency situations where a pupil does not
43 have access to any asthma rescue medication.
44 (b) Every parent or guardian of a pupil who is administered such asth-
45 ma rescue medications shall be notified in writing of such incident. The
46 required content of such notification shall be determined by the commis-
47 sioner, in consultation with the commissioner of health, and for the
48 city of New York, the commissioner of health of the city of New York,
49 and shall at a minimum include:
50 (i) A recommendation that such pupil be evaluated by a physician or
51 other duly authorized health care provider to determine if such pupil
52 has an asthmatic condition or another respiratory disease; and
53 (ii) A recommendation that if such pupil is diagnosed with such condi-
54 tion or disease that the parent or guardian take the actions necessary
55 to ensure the pupil may receive asthma controller medications and asthma
56 rescue medications in school and develops an asthma action plan. If the
A. 5432 3
1 pupil is able to self-carry, the parent or guardian take the actions
2 necessary under subdivision one of this section for such pupil to carry
3 and use a prescribed inhaler and self-administer inhaled rescue medica-
4 tions to alleviate respiratory symptoms or to prevent the onset of exer-
5 cise induced asthmatic symptoms during the school day on school property
6 and at any school function as such terms are defined, respectively, by
7 subdivisions one and two of section eleven of this chapter.
8 3. A school district, board of cooperative educational services and/or
9 their agents or employees shall incur no legal or financial liability as
10 a result of any harm or injury sustained by a pupil or other person
11 caused by reasonable and good faith compliance with this section.
12 § 4. This act shall take effect on the first of July next succeeding
13 the date on which it shall have become a law. Effective immediately, the
14 addition, amendment and/or repeal of any rule or regulation necessary
15 for the implementation of this act on its effective date are authorized
16 to be made and completed on or before such effective date.
