Section 17-187. School nurses  


Latest version.
  • a. Definitions. For purposes of this section,
      the following items shall have the following meanings:
        (1) "Nurse" means an individual licensed as a registered  professional
      nurse pursuant to section 6905 of the New York state education law.
        (2)  "Public  health  advisor"  includes,  but  is  not limited to, an
      individual who supports medical and/or professional staff in schools  by
      performing  health related duties and who has satisfied the requirements
      set forth by the department.
        b. Primary Schools. The department shall provide on a full-time  basis
      at  least  one  nurse at each public and private primary school which i)
      had at least two hundred students enrolled on the last day of the second
      month of the preceding school year; ii) submits a written request to the
      department that such nurse be provided; and iii) maintains, pursuant  to
      any  rules  promulgated by the commissioner, an appropriate medical room
      wherein such nurse can carry out his or her nursing duties.
        c. Intermediate Schools. The department shall  provide  at  least  one
      nurse,  provided  that  a  nurse  has  not  been  provided  pursuant  to
      subdivision b of this section, or public health advisor or school health
      service aide, as appropriate, at each public  and  private  intermediate
      school  which  i) had at least two hundred students enrolled on the last
      day of the second month of the preceding  school  year;  ii)  submits  a
      written  request  to  the  department  that  such nurse or public health
      advisor or school health service aide be provided;  and  iii)  maintains
      pursuant  to  any  rules promulgated by the commissioner, an appropriate
      medical room wherein such nurse  or  public  health  advisor  or  school
      health service aide can carry out his or her duties.
        d.  The  provision  of  any  nurses,  or  public  health advisors when
      applicable, assigned to a school  pursuant  to  this  section  shall  be
      consistent with any applicable collective bargaining agreements.
        e.  For  the  purposes of this section, references to the "department"
      shall mean the department, either individually or jointly with the board
      of education as appropriate. The requirements or implementation of  this
      section shall not be construed to cause the layoff or loss of any wages,
      benefits  or  other terms and conditions of employment of, and shall not
      be construed to reduce the employment opportunities  of  nurses,  public
      health  advisors,  public  health  assistants, or school health services
      aides, as defined  by  the  department,  or  any  other  health  related
      position,   currently  employed,  or  to  be  employed  by  primary  and
      intermediate schools.
        f. The commissioner may promulgate any rules deemed necessary for  the
      purposes  of  implementing  and  carrying  out  the  provisions  of this
      section.