• Requires the Commissioner of Health to develop information, in conjunction with the Commissioner of Education, relating to pupils exhibiting signs or symptoms of pending or increased risk of sudden cardiac arrest.

• Directs the Commissioner of Education to review such information created by the Department of Health and post such information on the Department’s website.

• Requires all schools to include such information in any permission form, consent form, or similar document that may be required for a student’s participation in interscholastic athletics and include such information, or reference how to obtain such information from the Department and Department of Health’s websites, on the school’s website, if one exists.

• Requires the Commissioner of Education to promulgate regulations requiring that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from athletic activities and shall not resume athletic activity until he or she has been evaluated by and received written and signed authorization from a licensed physician. Such authorization must be kept on file in the pupil’s permanent health record.

• Removes the reference to “the American National Red Cross” and replaces such term with “a nationally recognized organization” as defined in Public Health Law § 3000-b(1)(d), regarding completion of a course of study in first aid knowledge and skills by public and nonpublic school coaches of extra-class activities.

Therefore, the Department proposes to add a new section 136.9 and amend section 135.5 of the Commissioner’s regulations to implement the above provisions of the Dominic Murray Sudden Cardiac Arrest Prevention Act.

The proposed amendment was presented to the P-12 Education Committee for recommendation to the Full Board for adoption as an emergency rule at the May 2022 meeting of the Board of Regents, effective July 1, 2022. In response to public comment, the Department revised the proposed amendment and took an additional emergency action at the September 2022 Regents meeting, effective September 12, 2022. Since the Board of Regents meets at fixed intervals, the earliest the proposed amendment could be adopted by regular (non-emergency) action after expiration of the 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) section 201(4-a) would be the December 2022 Regents meeting. Furthermore, pursuant to SAPA 203(1), the earlier effective date of the proposed rule, if adopted at the December meeting, would be December 28, 2022, the date the Notice of Adoption would be published in the State Register.

Therefore, emergency action is necessary at the October 2022 meeting for the preservation of the general welfare and public health to timely implement the provisions of the Dominic Murray Sudden Cardiac Arrest Prevention Act (Chapter 500 of the Laws of 2021) on its effective date, and to ensure that the emergency action taken at the September 2022 Regents meeting remains continuously in effect,

It is anticipated that the proposed rule will be presented to the Board of Regents for adoption as a permanent rule at the December 2022 meeting, which is the first scheduled meeting after expiration of the 60-day public comment period mandated by SAPA for state agency rulemaking.

(1) The provisions of this section relate to students who display signs or symptoms of pending or increased risk of sudden cardiac arrest while engaging in athletic activities

(2) The provisions of this section shall apply to all school districts, charter schools, and nonpublic schools.

(1) Athletic activities mean participation in sessions for instruction and practice in skills, attitudes and knowledge through participation in individual, group and team activities organized on an intramural, extramural, interschool athletic or inclusive athletic basis to supplement regular physical education class instruction, otherwise known as extraclass periods in physical education or extraclass activities.

(1) The Department shall post on its website information developed by the Commissioner of Health, in conjunction with the Commissioner, relating to students who exhibit signs or symptoms of pending or increased risk of sudden cardiac arrest. Such information shall include, but not be limited to:

(i) The definition of sudden cardiac arrest; and

(ii) signs and symptoms of pending or increased risk of sudden cardiac arrest.

(2) A school shall include the information required under paragraph (1) of this subdivision in any document that may be required from a parent or person in parental relation for a student’s participation in interscholastic sports, including a permission or consent form.

(3) A school shall include the information required under paragraph (1) of this subdivision on its website, if in existence, or reference how to obtain such information from the webpages where such information is available from the Department and the Department of Health.

(1) Any student who displays signs or symptoms of pending or increased risk of sudden cardiac arrest must be immediately removed from athletic activities and any person who displays signs or symptoms of pending sudden cardiac arrest must be immediately removed from physical activities.

(2) No student removed from athletic activities shall resume such activities until such student has been evaluated by and received written and signed authorization from, a licensed physician. No student removed from physical activities shall resume such activities until such student has been evaluated and received written and signed authorization from a healthcare provider. With respect to athletic activities for students attending a public school, no such student shall resume such activities until the student has also received clearance from the director of school health services to participate in such activity.

(i) Such authorization shall be kept on file in the student’s permanent health record.

(ii) The school must abide by any limitations or restrictions concerning school attendance and athletic or physical activities issued by the student’s treating physician or a health care provider.

2. Section 135.3 of the Regulations of the Commissioner of Education is amended to read as follows:

Section 135.5. First aid knowledge and skills requirements for coaches

(a) Coaches of extra class periods in physical education, as defined in section 135.1(h) of this Part, shall meet the requirements of this section.

(b) Except as provided in subdivision (c) of this section, all coaches must hold valid certification in first aid knowledge and skills, including instruction in the administration of adult cardiopulmonary resuscitation, as issued by [the American National Red Cross] a nationally recognized organization, as defined in Public Health Law § 3000-b(1)(d), or meet equivalent requirements as set forth in this section.

(c) By January 15, 1993, all coaches employed on or after January 15, 1992, must hold valid certification in first aid knowledge and skills, including instruction in administration of adult cardiopulmonary resuscitation, as issued by [the American National Red Cross] a nationally recognized organization, as defined in Public Health Law § 3000-b(1)(d), or meet equivalent requirements as set forth in this section.

(d) For the purpose of this section, the following shall be deemed as equivalent to certification in first aid knowledge and skills, including instruction in administration of adult cardiopulmonary resuscitation as issued by [the American National Red Cross] a nationally recognized organization, as defined in Public Health Law § 3000-b(1)(d):

(1) completion of an approved course for coaches in first aid knowledge and skills, including instruction in administration of adult cardiopulmonary resuscitation and instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest;

(2) completion of an approved college or university first aid knowledge and skills course, including instruction in administration of adult cardiopulmonary resuscitation and instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest;

(3) completion of approved college or university courses in athletic training and sports medicine, which include first aid knowledge and skills, including instruction in administration of adult cardiopulmonary resuscitation and instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest; or

(4) equivalent experience which is approved by the Commissioner of Education.

(e) Except as provided in subdivision (c) of this section, prior to the start of each sports season, coaches must provide valid evidence to their chief school officer that their first aid and adult cardiopulmonary resuscitation knowledge and skills are current pursuant to the requirements established by [the American National Red Cross] a nationally recognized organization, as defined in Public Health Law § 3000-b(1)(d), or that they meet equivalent requirements as set forth in subdivision (d) of this section.

1. STATUTORY AUTHORITY:

Section 101 of the Education Law continues the existence of the Education Department, with the Board of Regents as its head, and authorizes the Regents to appoint the Commissioner as chief administrative officer of the Department, which is charged with the general management and supervision of public schools and the educational work of the State.

Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 305(1) and (2) of the Education Law provide the Commissioner, as chief executive officer of the State's education system, with general supervision over all schools and institutions subject to the Education Law, or any statute relating to education, and responsibility for executing all educational policies of the Regents.

Section 923 of the Education Law, as added by the Dominic Murray Sudden Cardiac Prevention Act, Chapter 500 of the Laws of 2021 (Chapter 500), directs the Commissioner to review information developed by the Commissioner of Health relating to students exhibiting signs or symptoms of pending or increased risk of cardiac arrest and to post such information on the Department’s website. It also requires the Commissioner to promulgate regulations requiring that any student showing signs or symptoms of pending or increased risk of sudden cardiac arrest be immediately removed from athletic activities and not resume until he or she has been evaluated by and received written authorization from a licensed physician.

Section 3001-b of the Education Law, as amended by Chapter 500, requires coaches of athletic activity in a public school to be certified in first aid, including recognizing signs and symptoms of sudden cardiac arrest.

Section 3001-c of the Education Law, as amended by Chapter 500, requires coaches of athletic activity in a non-public school to be certified in first aid, including recognizing signs and symptoms of sudden cardiac arrest.

2. LEGISLATIVE OBJECTIVES:

The proposed rule is consistent with the above statutory authority and is necessary to conform Commissioner’s regulations to, and implement, Chapter 500, which added a new section 923 to the Education Law, effective July 1, 2022, to require that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from athletic activities and shall not resume athletic activity until he or she has been evaluated by and received written and signed authorization from a licensed physician. Additionally, the proposed rule provides that, regarding physical activities, any person who displays signs or symptoms of pending sudden cardiac arrest must be immediately removed from such activities and cannot return until they receive clearance from a health care provider, which may be either a physician, nurse practitioner (NP), or physician assistant (PA).

3. NEEDS AND BENEFITS:

Chapter 500:

• requires the Commissioner of Health to develop information, in conjunction with the Commissioner of Education, relating to pupils exhibiting signs or symptoms of pending or increased risk of sudden cardiac arrest;

• directs the Commissioner of Education to review such information created by the Department of Health and post such information on the Department’s website;

• requires all schools to include such information in any permission form, consent form, or similar document that may be required for a student’s participation in interscholastic athletics and include such information, or reference how to obtain such information from the Department and Department of Health’s websites, on the school’s website, if one exists;

• requires the Commissioner of Education to promulgate regulations requiring that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from athletic activities and shall not resume athletic activity until he or she has been evaluated by and received written and signed authorization from a licensed physician; - such authorization must be kept on file in the pupil’s permanent health record; and

• removes the reference to “the American National Red Cross” and replaces such term with “a nationally recognized organization” as defined in Public Health Law § 3000-b(1)(d), regarding completion of a course of study in first aid knowledge and skills by public and nonpublic school coaches of extra-class activities.

Therefore, the Department proposes to add a new section 136.9 and amend section 135.5 of the Commissioner’s regulations to implement the above provisions of the Dominic Murray Sudden Cardiac Arrest Prevention Act.

4. COSTS:

(a) Costs to State government: The proposed rule implements statutory requirements and establishes standards as directed by statute, and will not impose any additional costs on State government beyond those imposed by the statutory requirements.

(b) Costs to local government: There are no additional costs to local governments beyond those imposed by statute.

(c) Cost to private regulated parties: The proposed rule does not impose any additional costs to regulated parties beyond those imposed by statute.

(d) Cost to the regulatory agency: The proposed rule does not impose any additional costs on the Department beyond those imposed by statute.

5. LOCAL GOVERNMENT MANDATES:

The proposed rule does not impose any program, service, duty, or responsibility upon local governments beyond those imposed by statute. Consistent with Chapter 500, the proposed rule requires schools to include the information developed in any document that may be required from a parent or person in parental relation for a pupil’s participation in interscholastic sports, including a permission or consent form. Schools must also include such information on its website, if in existence, or reference how to obtain such information from the webpages where such information is available from the State Education Department and the Department of Health. Additionally, the proposed rule requires that when a student is removed from athletic activities shall not resume athletic activity until they have been evaluated by and received written and signed authorization from licensed physician and when a student is removed from physical activities they shall not resume physical activities until they have been evaluated and received clearance from a health care provider, which may be either a physician, nurse practitioner (NP), or physician assistant (PA).

6. PAPERWORK:

The proposed amendment is necessary to implement Chapter 500, and does not impose any specific recordkeeping, reporting or other paperwork requirements beyond those inherent in the statute. Consistent with the statute, the proposed amendment requires that schools include information relating to students exhibiting signs or symptoms of pending or increased risk of sudden cardiac arrest in any permission form or similar document that be required for a student’s participation in interscholastic activities.

7. DUPLICATION:

The proposed amendment does not duplicate any other existing State or Federal requirements.

8. ALTERNATIVES:

The proposed rule is necessary to conform the Commissioner’s regulations to Chapter 500. There are no significant alternatives to the proposed rule available and none were considered.

9. FEDERAL STANDARDS:

There are no applicable Federal standards.

10. COMPLIANCE SCHEDULE:

The proposed revised rule will become effective as an emergency rule on September 13, 2022. It is anticipated that the proposed rule will be presented to the Board of Regents for permanent adoption at the December 2022 Regents meeting, after publication of the proposed amendment in the State Register and expiration of the 60-day public comment period required under the State Administrative Procedure Act. Because the emergency action will expire before the December 2022 Regents meeting, it is anticipated that an additional emergency action will be presented for adoption at the October 2022 meeting. If adopted at the December 2022 meeting, the proposed amendment will become effective as a permanent rule on December 28, 2022. It is anticipated that regulated parties will be able to comply with the proposed amendment by the effective date.

(a) Small businesses:

The proposed rule is necessary to conform Commissioner’s regulations to, and implement, Chapter 500 of the Laws of 2021 (Chapter 500), which added a new section 923 to the Education Law, effective July 1, 2022, to require that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from athletic activities and shall not resume athletic activity until he or she has been evaluated by and received written and signed authorization from a licensed physician. Because it is evident from the nature of the proposed amendment that it does not affect small businesses, no further measures were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis for small businesses is not required and one has not been prepared.

(b) Local governments:

1. EFFECT OF RULE:

The proposed amendment applies to each of the 673 school districts in the State and all charter and nonpublic schools.

2. COMPLIANCE REQUIREMENTS:

The proposed rule is necessary to conform Commissioner’s regulations to, and implement, Chapter 500, which added a new section 923 to the Education Law, effective July 1, 2022, to require that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from athletic activities. A student shall not resume athletic activity until they have been evaluated by and received written and signed authorization from a licensed physician. Additionally, the proposed rule also provides that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from physical activities. A student is removed from physical activities shall not resume such activities until they have been evaluated and received signed authorization from a health care provider, which may be either a physician, nurse practitioner (NP), or physician assistant (PA). Such authorization must be kept on file in the pupil’s permanent health record and the school must abide by any limitations or restrictions concerning school attendance and activities issued by the pupil’s treating physician. The proposed rule does not impose any program, service, duty, or responsibility upon local governments beyond those imposed by statute. Consistent with Chapter 500, the proposed rule requires schools to include the information developed in any document that may be required from a parent or person in parental relation for a pupil’s participation in interscholastic sports, including a permission or consent form. Schools must also include such information on its website, if in existence, or reference how to obtain such information from the webpages where such information is available from the State Education Department and the Department of Health. Such authorization must be kept on file in the pupil’s permanent health record and the school must abide by any limitations or restrictions concerning school attendance and activities issued by the pupil’s treating physician.

3. NEEDS AND BENEFITS:

Chapter 500:

• requires the Commissioner of Health to develop information, in conjunction with the Commissioner of Education, relating to pupils exhibiting signs or symptoms of pending or increased risk of sudden cardiac arrest;

• directs the Commissioner of Education to review such information created by the Department of Health and post such information on the Department’s website;

• requires all schools to include such information in any permission form, consent form, or similar document that may be required for a student’s participation in interscholastic athletics and include such information, or reference how to obtain such information from the Department and Department of Health’s websites, on the school’s website, if one exists;

• requires the Commissioner of Education to promulgate regulations requiring that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from athletic activities and shall not resume athletic activity until he or she has been evaluated by and received written and signed authorization from a licensed physician; - such authorization must be kept on file in the pupil’s permanent health record; and

• removes the reference to “the American National Red Cross” and replaces such term with “a nationally recognized organization” as defined in Public Health Law § 3000-b(1)(d), regarding completion of a course of study in first aid knowledge and skills by public and nonpublic school coaches of extra-class activities.

Therefore, the Department proposes to add a new section 136.9 and amend section 135.5 of the Commissioner’s regulations to implement the above provisions of the Dominic Murray Sudden Cardiac Arrest Prevention Act.

4. PROFESSIONAL SERVICES:

The proposed amendment does not require any additional professional service requirement on local governments.

5. COMPLIANCE COSTS:

In general, the proposed amendment does not impose any additional costs on local governments beyond those inherent in statute.

6. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:

The proposed rule does not impose any additional costs or technological requirements on local governments.

7. MINIMIZING ADVERSE IMPACT:

The proposed amendment is necessary to conform the Commissioner’s regulations to, and implement, Chapter 500. Accordingly, no alternatives were considered.

8. LOCAL GOVERNMENT PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State and from the chief school officers of the five big city school districts and from charter schools.

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS:

The proposed rule applies to all public and non-public schools, including those located in the 44 rural counties with fewer than 200,000 inhabitants and the 71 towns and urban counties with a population density of 150 square miles or less.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:

The proposed rule does not impose any program, service, duty, or responsibility on entities in rural areas beyond those imposed by statute. Consistent with Chapter 500, the proposed rule requires schools to include the information developed in any document that may be required from a parent or person in parental relation for a pupil’s participation in interscholastic sports, including a permission or consent form. Schools must also include such information on its website, if in existence, or reference how to obtain such information from the webpages where such information is available from the State Education Department and the Department of Health. Additionally, the proposed rule requires that when a student is removed from athletic activities the student shall not resume athletic activity until they have been evaluated by and received written and signed authorization from licensed physician. The proposed rule also provides that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from physical activities. A student is removed from physical activities shall not resume such activities until they have been evaluated and received signed authorization from a health care provider, which may be either a physician, nurse practitioner (NP), or physician assistant (PA). Such authorization must be kept on file in the pupil’s permanent health record and the school must abide by any limitations or restrictions concerning school attendance and activities issued by the pupil’s treating physician.

3. COSTS:

The proposed rule does not impose any additional costs beyond those required by statute.

4. MINIMIZING ADVERSE IMPACT:

The proposed rule is necessary to implement the provisions of Chapter 500. Because of the nature of the proposed rule, alternative approaches for rural areas were not considered.

5. RURAL AREAS OF PARTICIPATION:

Comments on the proposed rule were solicited from school districts through the offices of the district superintendents of each supervisory district in the State, from the chief school officers of the five big city school districts and from charter schools, including those in rural areas.

The proposed rule is necessary to conform the Regulations of the Commissioner of Education (Commissioner’s regulations) to Chapter 500 of the Laws of 2021 (Chapter 500). Chapter 500, effective July 1, 2022, establishes the Dominic Murray Sudden Cardiac Arrest Prevention Act (“the Act”) which:

• requires the Commissioner of Health to develop information, in conjunction with the Commissioner of Education, relating to pupils exhibiting signs or symptoms of pending or increased risk of sudden cardiac arrest;

• directs the Commissioner of Education to review such information created by the Department of Health and post such information on the Department’s website;

• requires all schools to include such information in any permission form, consent form, or similar document that may be required for a student’s participation in interscholastic athletics and include such information, or reference how to obtain such information from the Department and Department of Health’s websites, on the school’s website, if one exists;

• requires the Commissioner of Education to promulgate regulations requiring that any student displaying signs or symptoms of pending or increased risk of sudden cardiac arrest shall be immediately removed from athletic activities and shall not resume athletic activity until he or she has been evaluated by and received written and signed authorization from a licensed physician; - such authorization must be kept on file in the pupil’s permanent health record; and

• removes the reference to “the American National Red Cross” and replaces such term with “a nationally recognized organization” as defined in Public Health Law § 3000-b(1)(d), regarding completion of a course of study in first aid knowledge and skills by public and nonpublic school coaches of extra-class activities.

Therefore, the Department proposes to add a new section 136.9 and amend section 135.5 of the Commissioner’s regulations to implement the above provisions of Chapter 500.

The proposed rule will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed rule that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.

The agency received no public comment since publication of the last assessment of public comment.