What's happening
This bill authorizes New York schools to possess and administer asthma rescue medications in emergencies and provides related procedures and protections.
Why it matters
Expands access to emergency asthma medications in all schools (including public, charter, and private), making it more likely that students having unexpected asthma attacks can get immediate help—even if they don’t have a prescription inhaler on hand.
Requires parent/guardian notification whenever a student receives emergency asthma medication, prompting families to follow up with healthcare providers and potentially uncover undiagnosed asthma or respiratory issues.
Provides legal protection for school staff who administer asthma rescue medication in good faith, reducing the fear of lawsuits and making it easier for staff to act quickly in emergencies.
Encourages schools to collaborate with health authorities to maintain appropriate types and quantities of asthma rescue medications, ensuring readiness and standardizing emergency response procedures statewide.
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Who cares
Headline styles
Schools Stock Asthma Inhalers
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to education
- Referred to rules
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.
Allow Schools Asthma Inhalers
In Assembly Committee · Education · Sponsor Alicia Hyndman
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6921
2019-2020 Regular Sessions
IN SENATE
December 20, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, do enact as follows:
Section 1. Subdivision 6 of section 6527 of the education law is amended by adding a new paragraph (h) to read as follows:
(h) administering asthma rescue medications.
§ 2. Subdivision 4 of section 6909 of the education law is amended by adding a new paragraph (h) to read as follows:
(h) administering asthma rescue medications.
§ 3. Section 916 of the education law, as amended by chapter 423 of the laws of 2014, is amended to read as follows:
§ 916. Pupils with asthma or another respiratory disease requiring rescue inhaler treatment. 1. The board of education or trustees of each school district, including the board of education of the city of New York, and board of cooperative educational services shall allow pupils who have been diagnosed by a physician or other duly authorized health care 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 physician or other duly authorized health care provider, and written parental consent. The written permission shall include an attestation by the physician or the health care provider confirming the following: (a) the pupil is diagnosed with asthma or another respiratory disease for which inhaled rescue medications
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07647-01-9
S. 6921 2
are prescribed to alleviate respiratory symptoms or to prevent the onset of exercise induced asthmatic symptoms; and (b) that the pupil has demonstrated that he or she can self-administer the prescribed inhaled rescue medication effectively. The written permission shall also include the name of the prescribed inhaled rescue medication, the dose, the times when the medication is to be taken, the circumstances which may warrant the use of the medication and the length of time for which the inhaler is prescribed. A record of such consent and permission shall be maintained in the student's cumulative health record. In addition, upon the written request of a parent or person in parental relation, the board of education or trustees of a school district, including the board of education of the city of New York, and board of cooperative educational services shall allow such pupils to maintain an extra such inhaler in the care and custody of a licensed nurse, nurse practitioner, physician assistant, or physician employed by such district, the city of New York, or board of cooperative educational services, and shall be readily accessible to such pupil. Nothing in this section shall require a school district, the city of New York, or board of cooperative educational services to retain a licensed nurse, nurse practitioner, physician assistant, or physician solely for the purpose of taking custody of a spare inhaler for the treatment of asthma or a respiratory disease requiring rescue medication treatment, or require that a licensed nurse, nurse practitioner, physician assistant, or physician be available at all times in a school building for the purpose of taking custody of the inhaler. In addition, the medication provided by the pupil's parents or persons in parental relation shall be made available to the pupil as needed in accordance with the school district's, board of education of the city of New York's, or board of cooperative educational services' policy and the orders prescribed in the written permission of the physician or other authorized health care provider.
2. (a) School districts, boards of cooperative educational services, county vocational education and extension boards, charter schools, and non-public elementary and secondary schools in this state may provide and maintain on-site in each instructional school facility asthma rescue medications in quantities and types deemed by the commissioner, 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 emergencies.
(b) Every parent or guardian of a pupil who is administered such asthma rescue medications shall be notified in writing of such incident. The required content of such notification shall be determined by the commissioner, in consultation with the commissioner of health, and for the city of New York, the commissioner of health of the city of New York, and shall at a minimum include:
(i) A recommendation that such pupil be evaluated by a physician or other duly authorized health care provider to determine if such pupil has an asthmatic condition or another respiratory disease; and
(ii) A recommendation that if such pupil is diagnosed with such condition or disease that the parent or guardian take the actions necessary to ensure the pupil may receive asthma controller medications and asthma rescue medications in school. If the pupil is able to self-carry, the parent or guardian take the actions necessary under subdivision one of this section for such pupil 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
S. 6921 3
such terms are defined, respectively, by subdivisions one and two of section eleven of this chapter.
3. A school district, including the board of education of the city of New York, board of cooperative educational services and/or their agents or employees shall incur no legal or financial liability as a result of any harm or injury sustained by a pupil or other person caused by reasonable and good faith compliance with this section.
§ 4. This act shall take effect on the first of July next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 authorizing 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, including the board of education of the city of New York, 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-ad- minister 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 physician or other duly authorized health care provider, and written parental consent.
Read the full memo (662 words)
Section 2 amends the executive law by adding a new section. School districts, boards of cooperative educational services, county vocational education and extension boards, charter schools, and nonpublic elementa- ry and secondary schools in this state may provide and maintain on site in each instructional school facility asthma rescue medications in quan- tities and types deemed by the commissioner, 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 emergencies. 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, medication administration forms (MAF) are required in order to dispense most types of medication in schools, including albuterol and other asth- ma 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 administrating 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 results 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
New legislation.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.