N.Y. EDN Law § 916

§ 916. Pupils with asthma or another respiratory disease requiring\nrescue inhaler treatment. 1. The board of education or trustees of each\nschool district and board of cooperative educational services shall\nallow pupils who have been diagnosed by a physician or other duly\nauthorized health care provider with an asthmatic condition or another\nrespiratory disease to carry and use a prescribed inhaler and\nself-administer inhaled rescue medications to alleviate respiratory\nsymptoms or to prevent the onset of exercise induced asthmatic symptoms\nduring the school day on school property and at any school function as\nsuch terms are defined, respectively, by subdivisions one and two of\nsection eleven of this chapter, with the written permission of a\nphysician or other duly authorized health care provider, and written\nparental consent. The written permission shall include an attestation by\nthe physician or the health care provider confirming the following: (a)\nthe pupil is diagnosed with asthma or another respiratory disease for\nwhich inhaled rescue medications are prescribed to alleviate respiratory\nsymptoms or to prevent the onset of exercise induced asthmatic symptoms;\nand (b) that the pupil has demonstrated that he or she can\nself-administer the prescribed inhaled rescue medication effectively.\nThe written permission shall also include the name of the prescribed\ninhaled rescue medication, the dose, the times when the medication is to\nbe taken, the circumstances which may warrant the use of the medication\nand the length of time for which the inhaler is prescribed. A record of\nsuch consent and permission shall be maintained in the student's\ncumulative health record. In addition, upon the written request of a\nparent or person in parental relation, the board of education or\ntrustees of a school district and board of cooperative educational\nservices shall allow such pupils to maintain an extra such inhaler in\nthe care and custody of a licensed nurse, nurse practitioner, physician\nassistant, or physician employed by such district or board of\ncooperative educational services, and shall be readily accessible to\nsuch pupil. Nothing in this section shall require a school district or\nboard of cooperative educational services to retain a licensed nurse,\nnurse practitioner, physician assistant, or physician solely for the\npurpose of taking custody of a spare inhaler for the treatment of asthma\nor a respiratory disease requiring rescue medication treatment, or\nrequire that a licensed nurse, nurse practitioner, physician assistant,\nor physician be available at all times in a school building for the\npurpose of taking custody of the inhaler. In addition, the medication\nprovided by the pupil's parents or persons in parental relation shall be\nmade available to the pupil as needed in accordance with the school\ndistrict's or board of cooperative educational services' policy and the\norders prescribed in the written permission of the physician or other\nauthorized health care provider.\n 2. A school district, board of cooperative educational services and/or\ntheir agents or employees shall incur no legal or financial liability as\na result of any harm or injury sustained by a pupil or other person\ncaused by reasonable and good faith compliance with this section.\n