Bill Text: NY A00596 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires public schools to display a poster depicting first aid procedures used to treat a person who is choking.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced - Dead) 2018-01-03 - referred to education [A00596 Detail]

Download: New_York-2017-A00596-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           596
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced by M. of A. ROSENTHAL, ORTIZ, M. G. MILLER, MOSLEY, PICHARDO,
          GOTTFRIED,  COOK,  ARROYO,  PERRY, STECK, BRABENEC, LUPINACCI, JOYNER,
          RAMOS, BARRON, HOOPER, THIELE, CURRAN, GRAF, RAIA,  McDONOUGH,  WEPRIN
          --  Multi-Sponsored  by  --  M. of A. BLAKE, DILAN, GALEF, SALADINO --
          read once and referred 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 Assem-
        bly, do enact as follows:
     1    Section 1. Legislative intent. It is important that teachers, adminis-
     2  trators and students in the state of New York are  well  informed  about
     3  first  aid  responses  to  treat  upper  airway  obstructions by foreign
     4  objects as it is reported that at least one child dies from  choking  on
     5  food every five days in the United States, and more than 10,000 children
     6  are  taken to a hospital emergency room each year for food-choking inju-
     7  ries. It is the intent of this legislature to help prevent future deaths
     8  resulting from  upper  airway  obstructions  by  expanding  the  choking
     9  prevention requirement of section 2500-i of the public health law, known
    10  as J.T.'s Law, by requiring public schools to post a visible poster that
    11  graphically  depicts the first aid procedures used to treat upper airway
    12  obstructions caused by food or foreign objects.
    13    § 2. The education law is amended by adding a  new  section  409-m  to
    14  read as follows:
    15    §  409-m.  Choking  poster.  1.  Every public school including charter
    16  schools shall post a visible poster graphically depicting the first  aid
    17  procedures  used  to  treat  upper airway obstructions caused by food or
    18  foreign objects, including but not  limited  to  back  blows,  abdominal
    19  thrusts and chest compressions.
    20    2.  The commissioner shall adopt rules and regulations in consultation
    21  with the commissioner of health relating  to  the  posting  required  by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01282-01-7
        A. 596                              2
     1  subdivision  one  of this section.   Such rules and regulations shall be
     2  consistent with the provisions of section two thousand five hundred-i of
     3  the public health law related to child  food  choking  prevention.  Such
     4  rules  and  regulations shall require that a poster be displayed in each
     5  establishment where food is sold and in spaces  designated  specifically
     6  as  eating  areas,  including  but  not limited to school cafeterias and
     7  provided further that such poster shall be approved by the  commissioner
     8  of health in consultation with the commissioner.
     9    3. Nothing contained in this section shall impose any affirmative duty
    10  to  act in compliance with the poster. A school district, board of coop-
    11  erative educational services and/or  their  employees  or  other  person
    12  shall  incur  no legal or financial liability as a result of any harm or
    13  injury sustained by a student or other person caused by  reasonable  and
    14  good faith compliance with this section.
    15    § 3. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law; provided, however, that effective immediate-
    17  ly,  the  commissioner  of education is authorized to promulgate any and
    18  all rules and regulations and  take  any  other  measures  necessary  to
    19  implement this act on its effective date on or before such date.