(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 135.5 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 and instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest, 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.

Since publication of a Notice of Emergency Adoption and Revised Rulemaking on September 28, 2022, Department staff noticed that the requirement that courses of study in first aid “include instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest” was included in subdivision (d) of section 135.5, but inadvertently omitted from subdivision (c). Therefore, a non-substantial revision has been made to subdivision (c) of section 135.5 to clarify that courses of study in first aid knowledge and skills must include instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest. The above changes require that the NEEDS AND BENEFITS section of the previously published Regulatory Impact Statement be revised to read as follows:

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;

• 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; and

• explicitly requires that courses of study in first aid knowledge and skills or equivalent requirements must include instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest.

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.

Since publication of a Notice of Emergency Adoption and Revised Rulemaking on September 28, 2022, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement submitted herewith. The above changes require that the NEEDS AND BENEFITS section of the previously published Regulatory Flexibility Analysis be revised to read as follows:

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;

• 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; and

• explicitly requires that courses of study in first aid knowledge and skills or equivalent requirements must include instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest.

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.

Since publication of a Notice of Emergency Adoption and Revised Rulemaking on September 28, 2022, Department staff noticed that the requirement that courses of study in first aid “include instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest” was included in subdivision (d) of section 135.5, but inadvertently omitted from subdivision (c). Therefore, a non-substantial revision has been made to subdivision (c) of section 135.5 to clarify that courses of study in first aid knowledge and skills must include instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest. These non-substantive revisions do not require any changes to the previously published Rural Area Flexibility Analysis.

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;

• 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; and

• explicitly requires that courses of study in first aid knowledge and skills or equivalent requirements must include instruction in recognizing signs and symptoms of cardiac arrest and sudden cardiac arrest.

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.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2025, which is no later than the 3rd year after the year in which this rule is being adopted.

The agency received no public comment.