NY Educ L § 916 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 19 - Medical and Health Service 916 - Pupils With Asthma or Another Respiratory Disease Requiring Rescue Inhaler Treatment.

§  916.  Pupils  with  asthma or another respiratory disease requiring   rescue inhaler treatment. 1. The board of education or trustees of  each   school  district  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 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  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  or   board   of   cooperative  educational  services,  and  shall be readily accessible to   such pupil. Nothing in this section shall require a school  district  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 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 district, 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.