2024 -- H 7214

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LC004078

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS--SEIZURE SAFE

SCHOOLS ACT

     

     Introduced By: Representatives Fogarty, Spears, Cortvriend, Hull, Shallcross Smith,
Donovan, Handy, Messier, and Alzate

     Date Introduced: January 18, 2024

     Referred To: House Education

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

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hereby amended by adding thereto the following sections:

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     16-21-42. Seizure safe schools.

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     (a) For purposes of this section, "seizure action plan" means a written, individualized health

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plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a

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seizure disorder. The parent or guardian of each student diagnosed with a seizure disorder shall

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collaborate with school personnel to create a seizure action plan. The seizure action plan shall

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include:

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     (1) Assurance of access and administration of any medication prescribed to treat seizure

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disorder symptoms as approved by the United States Food and Drug Administration or any

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successor agency; and

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     (2) Physician instructions in administering seizure medications, and manual vagus nerve

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stimulation, as well as the recognition of the signs and symptoms of seizures and the appropriate

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steps to be taken to respond to these symptoms.

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     (b) Prior to administering medication prescribed to treat seizure disorder symptoms, the

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student's parent or guardian shall:

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     (1) Provide the school with a written authorization to administer the medication at school;

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     (2) Provide a written statement from the student's health care practitioner, which shall

 

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contain the following information:

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     (i) Student's name;

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     (ii) The name and purpose of the medication;

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     (iii) The prescribed dosage;

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     (iv) The route of administration;

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     (v) The frequency that the medication may be administered; and

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     (vi) The circumstances under which the medication may be administered; and

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     (3) Provide the prescribed medication to the school in its unopened, sealed package with

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the label affixed by the dispensing pharmacy intact.

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     (c) The department of elementary and secondary education shall promulgate administrative

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rules and regulations establishing procedures for the development and content of seizure action

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plans.

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     16-21-43. Requirements for administration of seizure rescue medications in a school

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setting.

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     (a) The department of elementary and secondary education and the department of health

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shall incorporate into their policies, rules and regulations for administration of seizure rescue

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medications to provide for the health and safety of children who have been medically identified as

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having epilepsy/seizure disorder. The policies, rules and regulations shall include procedures

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whereby:

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     (1) A parent or legal guardian of any child may expressly authorize school employees or

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those employed on behalf of the school, for when there is no school nurse immediately available,

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to administer a United States Food and Drug Administration (FDA) approved seizure rescue

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medication on such child in case of an emergency, while at school or school sponsored activities;

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     (2) The seizure rescue medication shall be kept in a secure, designated area, readily

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available; and

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     (3) Seizure rescue medication administration training may be provided by a licensed

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physician, physician assistant, advanced practiced registered nurse, or registered nurse; however,

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in no case shall school nurse teachers be required to provide training; and the school administration

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shall allow staff to voluntarily assist with the emergency administration of a seizure rescue

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medication when authorized by a parent or legal guardian.

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     (b) A school employee, including administrative staff, shall not be subject to penalty or

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disciplinary action for refusing to be trained in administration of a seizure rescue medication.

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     (c) A parent or legal guardian shall provide a seizure action plan or physician’s order,

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signed by the student's health care provider, that prescribes the care and assistance needed by the

 

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student including administration of seizure rescue medications.

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     (d) The statements and seizure action plan required by this section shall be kept on file in

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the office of the school nurse and/or school administrator.

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     (e) The seizure action plan required by this section shall be distributed to any school

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personnel or volunteers, identified in the seizure action plan, who is responsible for the supervision

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or care of the student with a seizure disorder. A student’s parent/guardian shall distribute the

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authorized seizure action plan required by this section to any non-school personnel identified in the

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seizure action plan, who is responsible for the supervision or care of the student with a seizure

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disorder.

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     (1) The presence of a registered nurse employed full-time by a school who assumes

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responsibility for the administration of seizure medications, and the administration oversight of

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vagus nerve stimulation, shall fulfill the requirements of this section.

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     (2) Every public, private and parochial school or school district shall provide training to

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principals, guidance counselors, teachers, and other relevant school personnel with direct contact

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and supervision of children, including bus drivers and classroom aides, on the recognition of the

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signs and symptoms of seizures and the appropriate steps for seizure first aid.

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     (3) Any training program or guideline adopted by any state agency for the training of school

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personnel in the health care needs of students diagnosed with a seizure disorder shall be fully

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consistent with training programs and guidelines developed by the Epilepsy Foundation of America

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or any successor organization. Notwithstanding any state agency requirement or other law to the

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contrary, for the purposes of this training a local school district shall be permitted to use any

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adequate and appropriate training program or guidelines for training of school personnel in the

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seizure disorder care tasks covered under this section.

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     (f) The permission for the administration of any of the medications listed under this section

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shall be effective for the school year in which it is granted and shall be renewed each following

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school year upon fulfilling the requirements of this section.

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     (g) The requirements of this section shall apply only to schools that have a student enrolled

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who has a seizure disorder or has a seizure medication prescribed to treat seizure disorder symptoms

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approved by the FDA or any successor agency prescribed by the student's health care provider.

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     (h) Every public, private and parochial school or school district shall provide an age-

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appropriate seizure education program to all students on seizures and seizure disorders. The seizure

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education program shall be consistent with guidelines published by the Epilepsy Foundation of

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America or any successor organization. The department of elementary and secondary education

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shall promulgate administrative rules and regulations for the development and implementation of

 

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the seizure education program.

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     (i) A school district, school district employee, or agent acting in good faith and in

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substantial compliance with the student's individual health plan, including a seizure action plan,

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and the instructions of the student's licensed health care professional, that provides assistance or

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services under this section shall not be liable for civil damages in their individual, marital,

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governmental, corporate, or other capacities as a result of the services provided under this section

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to students with epilepsy or seizure disorders.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS--SEIZURE SAFE

SCHOOLS ACT

***

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     This act would require the department of elementary and secondary education and the

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department of health to adopt policies, rules and regulations for the administration of seizure rescue

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medications for children who have been medically identified as having epilepsy/seizure disorder.

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     This act would take effect upon passage.

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