What's happening
This bill requires all New York public schools to display posters showing first aid procedures for choking, especially in eating areas.
Why it matters
Raises awareness and preparedness. By requiring clear, graphic posters of choking first aid in visible locations, especially where food is consumed, the bill aims to ensure that staff, students, and visitors have immediate access to life-saving information during emergencies.
Standardizes information. The law mandates that posters and procedures must be approved and regulated jointly by the state’s Education and Health Departments, ensuring accuracy and consistency based on established public health guidelines.
Limits liability for responders. The bill explicitly states that following the poster’s guidance is not a legal duty, and provides schools, staff, and responders with immunity from legal or financial liability if they act in good faith, potentially encouraging more people to assist in emergencies without fear of repercussions.
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Post Choking Aid Posters
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Post Choking Aid Posters
In Assembly Committee · Education · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1690
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to requiring public schools to display a poster depicting the first aid procedures used to treat upper airway obstructions by foreign objects
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative intent. It is important that teachers, administrators and students in the state of New York are well informed about first aid responses to treat upper airway obstructions by foreign objects as it is reported that at least one child dies from choking on food every five days in the United States, and more than 10,000 children are taken to a hospital emergency room each year for food-choking injuries. It is the intent of this legislature to help prevent future deaths resulting from upper airway obstructions by expanding the choking prevention requirement of section 2500-i of the public health law, known as J.T.'s Law, by requiring public schools to post a visible poster that graphically depicts the first aid procedures used to treat upper airway obstructions caused by food or foreign objects.
§ 2. The education law is amended by adding a new section 409-m to read as follows:
§ 409-m. Choking poster. 1. Every public school including charter schools shall post a visible poster graphically depicting the first aid procedures used to treat upper airway obstructions caused by food or foreign objects, including but not limited to back blows, abdominal thrusts and chest compressions.
2. The commissioner shall adopt rules and regulations in consultation with the commissioner of health relating to the posting required by subdivision one of this section. Such rules and regulations shall be consistent with the provisions of section two thousand five hundred-i of the public health law related to child food choking prevention. Such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03285-01-9
S. 1690 2
rules and regulations shall require that a poster be displayed in each establishment where food is sold and in spaces designated specifically as eating areas, including but not limited to school cafeterias and provided further that such poster shall be approved by the commissioner of health in consultation with the commissioner.
3. Nothing contained in this section shall impose any affirmative duty to act in compliance with the poster. A school district, board of cooperative educational services and/or their employees or other person shall incur no legal or financial liability as a result of any harm or injury sustained by a student or other person caused by reasonable and good faith compliance with this section.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to requiring public schools to display a poster depicting the first aid procedures used to treat upper airway obstructions by foreign objects
Purpose or general idea of bill
The purpose of this legislation is expand the choking prevention requirements of 7.T.'s Law by requiring that public schools display a poster depicting the first aid procedures used to treat upper airway obstructions by foreign objects.
Summary of specific provisions
Section one is the legislative intent.
Section two amends education law by adding a new section 409-m.
Section three sets forth the effective date.
Justification
In 2008, the NY legislature enacted JT's Law - Child Food Choking Prevention Act named after a three-year-old boy who choked to death on a hot dog in 2003. TT's Law requires the New York State Department of Health to determine which foods create a heightened choking risk to children and to make this information as well as other choking prevention measures available to the public. As recently as October 2015, a first grade Brooklyn, NY student choked to death on a sandwich in front of peers and adults who were ill-equipped to intervene and perform lifesaving first aid procedures. In this and other tragic cases, precious time was lost trying to locate an individual trained to admin- ister first aid procedures to treat upper airway obstructions by foreign objects, and time may often mean the difference between life and death.
In an effort to enhance the efforts of JT's Law, this legislation will require that all public schools display a poster graphically depicting the first aid procedures used to treat upper airway obstructions by foreign objects to facilitate and perform this lifesaving emergency procedure.
Such posters must be visible in every location within schools where food is sold and in spaces designated specifically as eating areas, including but not limited to cafeterias.
Prior legislative hi tory
New bill.
Fiscal implications
Undetermined.
Effective date
This act shall take effect on the one hundred and eightieth day after it shall have become a law; provided, however, that effective immediately, the commissioner of education is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.