2023 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.