2018 -- H 7410 | |
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LC003526 | |
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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 | |
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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: | |
1 | SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended |
2 | by adding thereto the following chapter: |
3 | CHAPTER 24.2 |
4 | CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE STUDENTS ACT |
5 | 16-24.2-1. Short title. |
6 | This chapter shall be known and may be cited as the "Continuity-of-Care for Medically- |
7 | Fragile Students Act". |
8 | 16-24.2-2. Definitions. |
9 | (a) For purposes of this section, the following terms shall have the meanings indicated: |
10 | (1) "Clinical nursing services" means specific nursing services, based on a medically- |
11 | fragile student's individualized education plan and a physician's medical orders, as provided by a |
12 | registered nurse or licensed practical nurse with specialized pediatric training who attends to the |
13 | student's health care needs. |
14 | (2) "Medically-fragile student" means a school-aged individual who suffers from a life- |
15 | threatening medical condition, and as a result of such condition, requires more individualized and |
16 | continuous one nurse to one student health care services than is available from a school nurse in |
17 | order to access public elementary or secondary education. Medically-fragile students are often |
18 | diagnosed with medical conditions and life-threatening diseases, including cerebral palsy, seizure |
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1 | disorder, and other neurological diseases that require mechanical ventilation and emergent |
2 | intervention by providers of clinical nurse services while attending school. Medically-fragile |
3 | students who require clinical nursing services while attending school should expect and receive |
4 | the same level of health care services that they receive at home. |
5 | (3) "Provider" means an agency that renders clinical nursing services and is approved by |
6 | the department of health as a "home nursing care provider" which allows the agency to deliver |
7 | skilled nursing care services and personal care attendant services in the patient's home pursuant to |
8 | §23-17-4. Additionally, the home nursing provider must be accredited by a national home care |
9 | accrediting body. |
10 | 16-24.2-3. Continuity-of-care for medically-fragile students. |
11 | (a) A school district shall only utilize or employ for the provision of nursing services in |
12 | the public schools of the district individuals holding a current school nurse teacher certificate |
13 | issued by the department of elementary and secondary education with a current professional |
14 | license as a registered nurse issued by the department of health, except for those non-school |
15 | personnel who are otherwise authorized by statute or regulation to perform specific health care- |
16 | related services. Special education students and those with medical needs requiring specialized |
17 | care, apart from the direct employ of the school district, shall have that care rendered by an |
18 | appropriate provider as appointed by the department of elementary and secondary education from |
19 | providers licensed by the department of health under §23-17-4. |
20 | (b) The parent(s) or legal guardian(s) of a medically-fragile student shall have the option |
21 | to choose a provider to render clinical nursing services to the student, and the public school |
22 | district shall allow the provider chosen by the parent(s) or legal guardian(s) to render such |
23 | services to the student only if the cost to the school district remains neutral. The parent(s) or legal |
24 | guardian(s) of a medically-fragile student shall be provided access to clinical nursing services at |
25 | home by the child's home nursing care provider when their child's absence from school is related |
26 | to their life-threatening medical condition or is otherwise a health-related absence. |
27 | 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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1 | This act would establish standards of practice for providers of clinical nursing services |
2 | for medically-fragile students. This act would also allow medically-fragile students to access |
3 | clinical nursing services at home when the child's absence from school is related to their life- |
4 | threatening medical condition or is otherwise a health-related absence. |
5 | This act would take effect on August 14, 2018. |
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