2018 -- H 7410

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO EDUCATION -- CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE

STUDENTS ACT

     

     Introduced By: Representatives Amore, Keable, Azzinaro, Lombardi, and Hull

     Date Introduced: February 01, 2018

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

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by adding thereto the following chapter:

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CHAPTER 24.2

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CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE STUDENTS ACT

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     16-24.2-1. Short title.

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     This chapter shall be known and may be cited as the "Continuity-of-Care for Medically-

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Fragile Students Act".

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     16-24.2-2. Definitions.

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     (a) For purposes of this section, the following terms shall have the meanings indicated:

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     (1) "Clinical nursing services" means specific nursing services, based on a medically-

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fragile student's individualized education plan and a physician's medical orders, as provided by a

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registered nurse or licensed practical nurse with specialized pediatric training who attends to the

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student's health care needs.

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     (2) "Medically-fragile student" means a school-aged individual who suffers from a life-

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threatening medical condition, and as a result of such condition, requires more individualized and

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continuous one nurse to one student health care services than is available from a school nurse in

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order to access public elementary or secondary education. Medically-fragile students are often

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diagnosed with medical conditions and life-threatening diseases, including cerebral palsy, seizure

 

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disorder, and other neurological diseases that require mechanical ventilation and emergent

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intervention by providers of clinical nurse services while attending school. Medically-fragile

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students who require clinical nursing services while attending school should expect and receive

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the same level of health care services that they receive at home.

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     (3) "Provider" means an agency that renders clinical nursing services and is approved by

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the department of health as a "home nursing care provider" which allows the agency to deliver

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skilled nursing care services and personal care attendant services in the patient's home pursuant to

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§23-17-4. Additionally, the home nursing provider must be accredited by a national home care

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accrediting body.

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     16-24.2-3. Continuity-of-care for medically-fragile students.

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     (a) A school district shall only utilize or employ for the provision of nursing services in

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the public schools of the district individuals holding a current school nurse teacher certificate

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issued by the department of elementary and secondary education with a current professional

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license as a registered nurse issued by the department of health, except for those non-school

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personnel who are otherwise authorized by statute or regulation to perform specific health care-

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related services. Special education students and those with medical needs requiring specialized

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care, apart from the direct employ of the school district, shall have that care rendered by an

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appropriate provider as appointed by the department of elementary and secondary education from

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providers licensed by the department of health under §23-17-4.

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     (b) The parent(s) or legal guardian(s) of a medically-fragile student shall have the option

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to choose a provider to render clinical nursing services to the student, and the public school

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district shall allow the provider chosen by the parent(s) or legal guardian(s) to render such

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services to the student only if the cost to the school district remains neutral. The parent(s) or legal

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guardian(s) of a medically-fragile student shall be provided access to clinical nursing services at

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home by the child's home nursing care provider when their child's absence from school is related

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to their life-threatening medical condition or is otherwise a health-related absence.

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     SECTION 2. This act shall take effect on August 14, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE

STUDENTS ACT

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     This act would establish standards of practice for providers of clinical nursing services

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for medically-fragile students. This act would also allow medically-fragile students to access

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clinical nursing services at home when the child's absence from school is related to their life-

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threatening medical condition or is otherwise a health-related absence.

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     This act would take effect on August 14, 2018.

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