Bill Text: NY S01269 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides for the use of airway clearance devices in schools; provides for training for school employees.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced) 2025-01-09 - REFERRED TO EDUCATION [S01269 Detail]

Download: New_York-2025-S01269-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1269

                               2025-2026 Regular Sessions

                    IN SENATE

                                     January 9, 2025
                                       ___________

        Introduced  by  Sens. ADDABBO, BORRELLO, LANZA, MATTERA, PALUMBO, RHOADS
          -- 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  the  use  of  airway
          clearance devices in schools

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 926 to
     2  read as follows:
     3    § 926. Airway clearance devices in schools. 1. For  purposes  of  this
     4  section,  "airway clearance device" means a portable medical device that
     5  uses manually created suction to remove blockage from the airway  during
     6  a  choking  emergency  and has been registered as a Class II acute upper
     7  airway obstruction device with the United States Food and Drug  Adminis-
     8  tration.
     9    2.  A  school that has an airway clearance device on premises, whether
    10  purchased or donated, shall develop  policies  for  the  use  of  airway
    11  clearance  devices  by school nurses and school employees. Such policies
    12  shall include a requirement that the school designate school  nurses  or
    13  school  employees  to  receive  training in airway management and in the
    14  removal of any obstruction from the airway  using  an  airway  clearance
    15  device.
    16    3.  The  cost of training school nurses and employees regarding airway
    17  management and the use of airway clearance devices may be reimbursed  if
    18  necessary as determined by the school board.
    19    4.  Any  school that purchases, operates, or makes available an airway
    20  clearance device pursuant to  this  section  shall  not  be  liable  for
    21  damages arising from the use of such device by  a person who voluntarily
    22  and  without  expectation  of    monetary compensation renders emergency
    23  treatment that includes the use of such device, except  as  provided  in
    24  section three thousand-a of the public health law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03065-01-5
        S. 1269                             2

     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it  shall have become a law. Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be  made  and
     5  completed on or before such effective date.