Bill Text: NY S05579 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for the treatment in school of pupils with adrenal insufficiency by injection of hydrocortisone sodium succinate; authorizes licensed health care professionals to inject such pupils in school with such medication in accordance with a prescription and parental consent; authorizes pupils with adrenal insufficiency to carry and use hydrocortisone sodium succinate in accordance with a prescription and parental consent, and keep a supply of such medication in the school health office; and authorizes unlicensed school personnel, who are trained, to administer such medication in an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO EDUCATION [S05579 Detail]
Download: New_York-2017-S05579-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5579 2017-2018 Regular Sessions IN SENATE April 18, 2017 ___________ Introduced by Sen. MURPHY -- 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 health services to pupils with adrenal insufficiency 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 two new sections 2 902-c and 916-c to read as follows: 3 § 902-c. Treatment of students diagnosed with adrenal insufficiency by 4 school personnel. 1. Licensed nurses, nurse practitioners, physician 5 assistants, or physicians employed by school districts or boards of 6 cooperative educational services are authorized to calculate prescribed 7 hydrocortisone sodium succinate dosages, inject prescribed hydrocorti- 8 sone sodium succinate, teach an unlicensed person to administer hydro- 9 cortisone sodium succinate to an individual, and perform other author- 10 ized services pursuant to the scope of practice of the licensed 11 individual under title VIII of this chapter, to pupils who have received 12 written permission by a physician or other licensed health care provid- 13 er, and written parental consent to carry and use hydrocortisone sodium 14 succinate pursuant to section nine hundred sixteen-c of this article, 15 during the school day on school property and at any school function as 16 such terms are defined, respectively, by subdivisions one and two of 17 section eleven of this chapter. Nothing in this section shall authorize 18 unlicensed persons to perform these services except as otherwise permit- 19 ted by section nine hundred twenty-one of this article. 20 2. A school district, board of cooperative educational services and/or 21 their agents or employees shall incur no legal or financial liability as 22 a result of any harm or injury sustained by a pupil or other person 23 caused by reasonable and good faith compliance with this section. 24 § 916-c. Pupils with adrenal insufficiency. 1. The board of education 25 or trustees of each school district and board of cooperative educational EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04051-01-7S. 5579 2 1 services shall allow pupils who have been diagnosed with adrenal insuf- 2 ficiency to carry and use hydrocortisone sodium succinate through appro- 3 priate medication delivery devices and equipment, as prescribed by a 4 physician or other duly authorized health care provider, during the 5 school day on school property and at any school function as such terms 6 are defined, respectively, by subdivisions one and two of section eleven 7 of this chapter, with parental consent and the written permission of a 8 physician or other duly authorized health care provider. The written 9 permission shall include an attestation by the physician or the health 10 care provider confirming the following: (a) the pupil's diagnosis of 11 adrenal insufficiency makes the delivery of hydrocortisone sodium succi- 12 nate through appropriate medication delivery devices during the school 13 day on school property or at any school function necessary; and (b) that 14 the pupil has demonstrated that he or she can self-administer the 15 prescribed hydrocortisone sodium succinate effectively and can independ- 16 ently follow the treatment orders prescribed by the physician or other 17 authorized health care provider in the written permission. The written 18 permission shall identify prescribed hydrocortisone sodium succinate to 19 be used by the pupil at school and/or during school functions. If hydro- 20 cortisone sodium succinate is prescribed, the written permission shall 21 include the dose or dose range and the type of hydrocortisone sodium 22 succinate delivery system and any other information prescribed by the 23 commissioner in regulation, after consultation with the commissioner of 24 health. A record of such consent and permission shall be maintained in 25 the student's cumulative health record. In addition, upon the written 26 request of a parent or person in parental relation, the board of educa- 27 tion or trustees of a school district and board of cooperative educa- 28 tional services shall allow such pupils to maintain extra hydrocortisone 29 sodium succinate and a delivery system and related supplies used to 30 treat such pupil's adrenal insufficiency in the care and custody of a 31 licensed nurse, nurse practitioner, physician assistant, or physician 32 employed by such district or board of cooperative educational services, 33 and shall be readily accessible to such pupil. Nothing in this section 34 shall require a school district or board of cooperative educational 35 services to retain a licensed nurse, nurse practitioner, physician 36 assistant, or physician solely for the purpose of taking custody of 37 extra hydrocortisone sodium succinate and a delivery system and related 38 supplies used to treat such pupil's adrenal insufficiency, or require 39 that a licensed nurse, nurse practitioner, physician assistant, or 40 physician be available at all times in a school building for the purpose 41 of taking custody of extra hydrocortisone sodium succinate and a deliv- 42 ery system and related supplies. In addition, the medication and 43 devices, equipment and supplies provided by the pupil's parents or 44 persons in parental relation shall be made available to the pupil as 45 needed in accordance with the school district's or board of cooperative 46 educational services' policy and the orders prescribed in the written 47 permission of the physician or other authorized health care provider. 48 2. A school district, board of cooperative educational services and/or 49 their agents or employees shall incur no legal or financial liability as 50 a result of any harm or injury sustained by a pupil or other person 51 caused by reasonable and good faith compliance with this section. 52 § 2. Subdivision 1 of section 921 of the education law, as added by 53 chapter 423 of the laws of 2014, is amended to read as follows: 54 1. The board of education or trustees of each school district and 55 board of cooperative educational services and nonpublic schools are 56 authorized, but not obligated to have licensed registered professionalS. 5579 3 1 nurses, nurse practitioners, physician assistants, and physicians train 2 unlicensed school personnel to inject prescribed glucagon, hydrocorti- 3 sone sodium succinate or epinephrine auto injectors in emergency situ- 4 ations, where an appropriately licensed health professional is not 5 available, to pupils who have the written permission of a physician or 6 other duly authorized health care provider for the administration of 7 injectable glucagon, hydrocortisone sodium succinate or emergency 8 epinephrine auto injector, along with written parental consent, during 9 the school day on school property and at any school function as such 10 terms are defined, respectively, by subdivisions one and two of section 11 eleven of this chapter. Training must be provided by a physician or 12 other duly authorized licensed health care professional in a competent 13 manner and must be completed in a form and manner prescribed by the 14 commissioner in regulation. 15 § 3. This act shall take effect on the first of July next succeeding 16 the date on which it shall have become a law. Provided, that effective 17 immediately, the addition, amendment and/or repeal of any rule or regu- 18 lation necessary to implement the provisions of this act on its effec- 19 tive date are authorized and directed to be made and completed on or 20 before such date.
