New York S 3902: Requires nebulizers on school grounds; appropriation

Bill Text

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S03902 Summary:

BILL NOS03902 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Add §804-e, amd §919, Ed L; amd §2, Chap 672 of 2007

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Requires nebulizers on school grounds; makes an appropriation therefor.

Go to top S03902 Actions:

BILL NOS03902 

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01/30/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS03902 Committee&nbspVotes:

Go to topS03902 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03902 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3902

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance

 AN ACT to amend the education law, in relation to requiring nebulizers
 on school grounds; and to amend chapter 672 of the laws of 2007,
 amending the education law relating to the maintenance of on-site
 nebulizers, in relation to the effectiveness thereof; and making an
 appropriation therefor

 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 804-e
 2 to read as follows:
 3 § 804-e. Nebulizer instruction. Instructions regarding the correct use
 4 of a nebulizer shall be included as a part of the health education
 5 curriculum in all senior high schools when cardiopulmonary resuscitation
 6 instruction is being provided as authorized by section eight hundred
 7 four-c of this article. Persons instructing pupils in the correct use
 8 of nebulizers shall possess valid certification by a nationally recog-
 9 nized organization or the state emergency medical services council
 10 offering certification in the operation of a nebulizer and in its
 11 instruction.
 12 § 2. Section 919 of the education law, as amended by chapter 42 of the
 13 laws of 2008, is amended to read as follows:
 14 § 919. On-site nebulizers. 1. [The board of education or trustees of
 15 the school district responsible for providing health services in a
 16 school, or the board of cooperative educational services in the case of
 17 programs under its jurisdiction] School districts, boards of cooperative
 18 educational services, county vocational education and extension boards
 19 and charter schools, shall [make] provide and maintain a nebulizer
 20 [available] on-site in every public and private school building in
 21 [which full or part time nurse services are provided] a manner that
 22 ensures ready and appropriate access for use during emergencies.
 23 2. Nebulizers in such school buildings shall be made available to
 24 allow reasonable access to all public and private school students with a
 25 patient specific order, who require inhaled medications administered by

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07331-01-5

 S. 3902 2

 1 a nebulizer, provided, however, that nebulizers shall be administered by
 2 a school nurse or physician pursuant to the student's patient specific
 3 order. Every nebulizer shall be maintained in working order by the
 4 school district or board of cooperative educational services that
 5 provides school health services to the school building where the nebu-
 6 lizer is located.
 7 [2.] 3. Whenever public or private school facilities pursuant to
 8 subdivision one of this section are used for school sponsored or school
 9 approved curricular or extracurricular events or activities and whenever
 10 a school-sponsored athletic contest is held at any location, the public
 11 school officials and administrators responsible for such school facility
 12 or athletic contest shall ensure the presence of at least one staff
 13 person who is trained in the operation and use of a nebulizer. Where a
 14 school-sponsored competitive athletic event is held at a site other than
 15 a public school facility, the public school officials shall assure that
 16 a nebulizer is provided on-site.
 17 4. Any employee or other agent of any school district, board of coop-
 18 erative educational services, county vocational education and extension
 19 board and charter school who,