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A02388 Summary:

BILL NOA02388
 
SAME ASSAME AS S01016
 
SPONSORAubry
 
COSPNSRHyndman, Niou, Cahill, Rosenthal L, Seawright, Thiele, Barnwell, Buttenschon, Cruz, Gonzalez-Rojas
 
MLTSPNSRCook, Simon
 
Amd 206, Pub Health L; add 923, amd 3001-b & 3001-c, Ed L
 
Establishes the "Dominic Murray sudden cardiac arrest prevention act"; directs the commissioners of education and health to establish rules and regulations for the treatment and monitoring of students of school districts, boards of cooperative educational services and nonpublic schools who exhibit signs or symptoms of sudden cardiac arrest.
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A02388 Actions:

BILL NOA02388
 
01/19/2021referred to education
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A02388 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2388
 
SPONSOR: Aubry
  TITLE OF BILL: An act to amend the public health law and the education law, in relation to directing the commissioners of education and health to establish rules and regulations for the treatment and monitoring of students of school districts, boards of cooperative educational services and nonpub- lic schools who exhibit signs or symptoms of pending or increased risk of sudden cardiac arrest   PURPOSE: This legislation would establish the Dominic Murray Sudden Cardiac Arrest Prevention Act. SUMMARY OF PROVISIONS: Section 1: Sets forth the short title. Section 2: Amends section 206 of the public health law by adding a new subdivision 31. Section 3: Amends the education law by adding a new section 923. Section 4: Amends subdivision 1 of section 3001-b of the education law, as added by chapter 498 of the laws of 1991. Section 5: Amends subdivision 1 of section 3001-c of the education law, as added by chapter 39 of the laws of 1994. Section 6: Sets forth the effective date.   JUSTIFICATION: Sudden Cardiac Arrest (SCA) is the leading cause of death among school athletes. As many as 7,000 to 10,000 young people die from SCA every year. On October 5th, 2009, Dominic Murray (age 17), suffered a sudden cardiac arrest and collapsed on the court during a basketball game just weeks in to his Freshman Year at Farmingdale State College. His sudden cardiac arrest symptoms went unrecognized by all around him SCA is a life-or-death emergency. For every minute that passes without cardiopul- monary resuscitation (CPR) and use of an automated external defibrilla- tor (AED), the victim sustains a 10% loss of a chance of survival. What happened to Dominic and many other young athletes can be prevented by informing and educating our coaches, pupils, and parents about SCA.As our children spend a significant amount of time in school and partic- ipating in school related activities, it is critical for schools to educate students and their families about SCA and its signs and symp- toms. The Dominic Murray. Sudden Cardiac Arrest Prevention Act is neces- sary in order to fill this void. Current law, together with Part 135.5 of the Commissioner's Regulations, already require that coaches at both public and non-public schools be trained in first aid, adult cardiopul- monary resuscitation and use of automated external defibrillator. All materials required by this legislation will be compiled by the State. The development of a sudden cardiac arrest management team would be at the option of the school district. Similar legislation has been enacted in Pennsylvania, Indiana, New Jersey, Connecticut, Delaware, Oklahoma, Tennessee, Maryland, North Carolina, Florida, Washington, Ohio, California, and Georgia.   LEGISLATIVE HISTORY: 2019-2020: Referred to Ways & Means in 2019 and Referred to Ways & Means in 2020. 2017-2018: Referred to Ways & Means in 2017 and Referred to Ways & Means in 2018. 2015-2016: Referred to Education in 2015 and Referred to Rules in 2016.   FISCAL IMPLICATIONS: Minimal given all coaches are already required to take first aid, adult cardiopulmonary resuscitation and use of an automated external defibril- lator training.   EFFECTIVE DATE: This act shall take effect on the first of July next succeeding the date on which it shall have become law, provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
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A02388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2388
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  AUBRY,  HYNDMAN, NIOU, CAHILL, L. ROSENTHAL,
          SEAWRIGHT, THIELE, BARNWELL -- Multi-Sponsored by -- M.  of  A.  COOK,
          SIMON -- read once and referred to the Committee on Education
 
        AN ACT to amend the public health law and the education law, in relation
          to  directing  the  commissioners of education and health to establish
          rules and regulations for the treatment and monitoring of students  of
          school  districts,  boards  of  cooperative  educational  services and
          nonpublic  schools  who  exhibit  signs  or  symptoms  of  pending  or
          increased risk of sudden cardiac arrest
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Dominic Murray sudden cardiac arrest prevention act".
     3    §  2.  Section 206 of the public health law is amended by adding a new
     4  subdivision 31 to read as follows:
     5    31. The commissioner shall develop information that is reviewed by the
     6  commissioner of education related to students who exhibit signs or symp-
     7  toms of pending or increased risk of sudden cardiac arrest. Such  infor-
     8  mation  shall  include,  but not be limited to, the definition of sudden
     9  cardiac arrest, signs and symptoms of sudden cardiac arrest, and  guide-
    10  lines  for  a student's participation in interscholastic athletics after
    11  exhibiting signs or symptoms of pending  or  increased  risk  of  sudden
    12  cardiac  arrest.  Such  information  shall be posted on the department's
    13  website.
    14    § 3. The education law is amended by adding a new section 923 to  read
    15  as follows:
    16    §  923.  Sudden  cardiac  arrest. a. The commissioner shall review the
    17  information developed by the commissioner of health required by subdivi-
    18  sion thirty-one of section two hundred six of the public health  law  to
    19  assist in the education and awareness of the signs and symptoms of pend-
    20  ing  or  increased risk of sudden cardiac arrest. Such information shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01188-01-1

        A. 2388                             2
 
     1  be posted on the department's website. In addition, each school shall be
     2  required to include such information  reviewed  by  the  department  and
     3  developed  by  the department of health in any permission form or parent
     4  or person in parental relation consent form or similar document that may
     5  be  required  for a student's participation in interscholastic athletics
     6  and shall also include such information, or reference how to obtain such
     7  information from the department and the department of health's websites,
     8  on the school's website, if one exists.
     9    b. The  commissioner  shall  promulgate  rules  and  regulations  that
    10  authorize  school  districts, in their discretion, to establish a sudden
    11  cardiac arrest management team. Such management team shall  be  composed
    12  of  an athletic director, a school nurse, a school physician, a coach of
    13  the interscholastic team,  an  athletic  trainer  or  other  appropriate
    14  personnel  as  designated  by  the  school  or school district. Provided
    15  further, every sudden cardiac arrest management team may  establish  and
    16  implement a program that annually provides information on sudden cardiac
    17  arrest  to  parents or persons in parental relation.  In developing such
    18  rules and regulations, the commissioner shall consider input from stake-
    19  holders and other interested parties  including,  but  not  limited  to,
    20  parents,  teachers,  students,  school  administrators,  school athletic
    21  trainers, coaches, medical and health professionals, the public  schools
    22  athletic  league  (PSAL), the New York state public high school athletic
    23  association (NYSPHSAA), and other athletic associations.
    24    § 4. Subdivision 1 of section 3001-b of the education law, as added by
    25  chapter 498 of the laws of 1991, is amended to read as follows:
    26    1. On and after the effective date of this section, in addition to any
    27  provision of law or rule or regulation of the department related to  the
    28  requirements  necessary  for  teachers within the public school systems,
    29  whether certified in physical education or not, to coach any extra-class
    30  athletic activity, it shall be required  of  such  teachers,  except  as
    31  provided in subdivision two of this section, to hold a valid certificate
    32  of  completion  of  a  course of study in first aid knowledge and skills
    33  offered by [the American National Red  Cross]  a  nationally  recognized
    34  organization,  as defined in paragraph (d) of subdivision one of section
    35  three thousand-b of the public health law and approved  by  the  commis-
    36  sioner,  or  to meet equivalent requirements as certified by the commis-
    37  sioner. Any such course of study or equivalent requirements must include
    38  instruction in recognizing signs and symptoms of  pending  or  increased
    39  risk  of cardiac arrest and sudden cardiac arrest and the administration
    40  of adult cardiopulmonary resuscitation.  Prior  to  the  start  of  each
    41  sports season, coaches must provide valid evidence to their chief school
    42  officer  that  their  first  aid and adult cardiopulmonary resuscitation
    43  knowledge and skills are current pursuant  to  the  requirements  estab-
    44  lished  by  [the  American  National  Red Cross] a nationally recognized
    45  organization, as defined in paragraph (d) of subdivision one of  section
    46  three  thousand-b  of the public health law or that they meet equivalent
    47  requirements as certified by the commissioner.
    48    § 5. Subdivision 1 of section 3001-c of the education law, as added by
    49  chapter 39 of the laws of 1994, is amended to read as follows:
    50    1. On and after the effective  date  of  this  section,  it  shall  be
    51  required  of coaches of high school extra-class athletic activities in a
    52  nonpublic school system, except as provided in subdivision two  of  this
    53  section,  to hold a valid certificate of completion of a course of study
    54  in first aid knowledge and skills offered by [the American National  Red
    55  Cross] a nationally recognized organization, as defined in paragraph (d)
    56  of  subdivision one of section three thousand-b of the public health law

        A. 2388                             3
 
     1  and approved by the commissioner, or to meet equivalent requirements  as
     2  certified  by  the  commissioner. Any such course of study or equivalent
     3  requirements must include instruction in recognizing signs and  symptoms
     4  of pending or increased risk of cardiac arrest and sudden cardiac arrest
     5  and  the administration of adult cardiopulmonary resuscitation. Prior to
     6  the start of each sports season, coaches must provide valid evidence  to
     7  their  chief  school officer that their first aid and adult cardiopulmo-
     8  nary resuscitation knowledge and skills  are  current  pursuant  to  the
     9  requirements   established  by  [the  American  National  Red  Cross]  a
    10  nationally recognized organization,  as  defined  in  paragraph  (d)  of
    11  subdivision  one of section three thousand-b of the public health law or
    12  that they meet equivalent requirements as certified by the commissioner.
    13    § 6. This act shall take effect on the first of July  next  succeeding
    14  the date on which it shall have become a law. Effective immediately, the
    15  addition,  amendment  and/or  repeal of any rule or regulation necessary
    16  for the implementation of this act on its effective date are  authorized
    17  to be made and completed on or before such effective date.
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