Requires nebulizers on school grounds; appropriation

BILL NUMBER:S959

Title of bill

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

Purpose

This bill requires that nebulizers be present on all school grounds for use during emergencies.

Summary of provisions

Section 1 of the bill provides that instructions regarding the correct use of a nebulizer shall be included as a part of the health education curriculum in all senior high schools when CPR instruction is given. Requires that all health education teachers be certified to teach said curriculum.

Section 2 provides that School districts, BOCES, county vocational education and extension boards and charter schools shall have on-site nebulizers in all public and private school buildings; requires that there be at least on trained staff person at all school sponsored or approved curricular or extracurricular events.

Section 3 amends the Education Law in relation to maintaining on-site nebulizers.

Section 4 requires the state to make an appropriation to the department of Education for reimbursement of school districts and boards of cooperative educational services for the purposes of implementing this act.

Section 5 provides the effective date.

Justification

In 2003, a college football player, who only had access to an albuterol inhaler, died during an asthma attack on the field. The U.S. Centers for Disease Control estimates 7.1 million children in the nation are asthmatic. As seen in 2003, the potential for death from an asthma exacerbation exists on the athletic field, both during and after an athletic competition. It is vital that our student athletes and school staff have access to the best treatment during a medical emergency.

Dr. Harvey Miller, a specialist in allergy, asthma, and immunology, has developed a pilot program to provide on-site nebulizers in emergency situations to ensure the safety of athletes with Bronchial Asthma. On-site nebulizers could prevent scores of asthma related deaths among student athletes. Nebulizers transform the potent drug albuterol into an inhalable mist. The drug relaxes the smooth muscles of the airways to restore normal breathing.

This bill would implement Dr. Miller's Asthma Nebulizer Emergency Pilot Program (ANEP), which requires nebulizers on school grounds for use during an emergency, which would undoubtedly save countless young lives.

Legislative history

2011-12: S.6504/A.8808 - Died in Finance

Fiscal implications

To be determined.

Local fiscal implications

None, as the bill requires the state to reimburse local schools for the costs associated with implementing this act.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.