New York - Chronic Conditions—asthma plan: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law addresses asthma plan.

Education Consolidated Laws Section 916

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.


8 CRR-NY 136.7

(1) Each board of education or trustees of each school district and each board of cooperative educational services shall allow a student to carry and self-administer their prescribed inhaled rescue medication during the school day, on school property and at any school function, if the student provides the school district and/or board of cooperative educational services, as applicable, with:

  • (i) written consent from the parent or person in parental relation; and
  • (ii) written permission (also referred to as an order) and an attestation from a duly authorized health care provider confirming:
    • (a) that the student has a diagnosis of asthma or other respiratory disease for which inhaled rescue medications are prescribed to alleviate respiratory symptoms or to prevent the onset of exercise induced asthma;
    • (b) the student has demonstrated that he or she can self-administer the prescribed inhaled rescue medication effectively; and
    • (c) the expiration date of the order, the name of the prescribed rescue medication. the dose the student is to self-administer, times when medication is to be self-administered by the student, and the circumstances which may warrant the use of the medication.
      Source: New York Codes, Rules and Regulations
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