New York - Chronic Conditions: Policy requirement

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

State law addresses plans for managing chronic conditions.

Education Consolidated Laws Section 916-B

  1. The board of education or trustees of each school district and board of cooperative educational services shall allow pupils who have been diagnosed with diabetes to carry glucagon and carry and use insulin through appropriate medication delivery devices and equipment and/or to carry and use equipment and supplies necessary to check blood glucose levels and ketone levels, as prescribed by a physician or other duly authorized healthcare provider, 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 parental consent and the written permission of a physician or other duly authorized health care provider.

*Public Health Consolidated Laws Section 2500-H2**

  1. The commissioner, in consultation with the commissioner of education, shall establish an anaphylactic policy for school districts setting forth guidelines and procedures to be followed for both the prevention of anaphylaxis and during a medical emergency resulting from anaphylaxis. Such policy shall be developed after consultation with representatives of pediatric physicians, school nurses and other health care providers with expertise in treating children with anaphylaxis, parents of children with life threatening allergies, school administrators, teachers, school food service directors and appropriate not-for-profit corporations representing allergic individuals at risk for anaphylaxis.

  2. The anaphylactic policy established by subdivision one of this section shall include the following:

    • (a) a procedure and treatment plan, including responsibilities for school nurses and other appropriate school personnel, for responding to anaphylaxis;
    • (b) a training course for appropriate school personnel for preventing and responding to anaphylaxis;
    • (c) a procedure and appropriate guidelines for the development of an individualized emergency health care plan for children with a food or other allergy which could result in anaphylaxis;
    • (d) a communication plan for intake and dissemination of information regarding children with a food or other allergy which could result in anaphylaxis; and
    • (e) strategies for the reduction of the risk of exposure to anaphylactic causative agents, including food and other allergens.

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.


Education Consolidated Laws Section 916-A

  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 allergy to carry and use a prescribed epinephrine auto injector for the emergency treatment of allergic reactions 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 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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