2020 -- S 2037

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LC003416

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO EDUCATION -- SEIZURE SAFE SCHOOLS ACT

     Introduced By: Senators DiPalma, Seveney, Euer, Miller, and Cano

     Date Introduced: January 21, 2020

     Referred To: Senate Education

     It is enacted by the General Assembly as follows:

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

hereby amended by adding thereto the following section:

     16-21-37. Seizure safe schools act.

     (a) "Seizure Action Plan" means a written, individualized health plan designed to

acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder.

     (b)(1) Beginning July 1, 2021, the school board of each local public school district and

the governing body of each private and parochial school or school district shall have at least one

school employee at each school who has met the training requirements necessary to administer or

assist with the self-administration of:

     (i) A seizure rescue medication or medication prescribed to treat seizure disorder

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

agency;

     (ii) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator

(VNS) magnet as approved by the United States Food and Drug Administration or any successor

agency.

     (2) For those assigned the duties by this section, the training provided shall include

instructions in administering seizure medications, and manual vagus nerve stimulation, as well as

the recognition of the signs and symptoms of seizures and the appropriate steps to be taken to

respond to these symptoms

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

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

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

     (4) Every public school shall provide training to principals, guidance counselors,

teachers, and other relevant school personnel with direct contact and supervision of children,

including bus drivers and classroom aides, on the recognition of the signs and symptoms of

seizures and the appropriate steps for seizure first aid.

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

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

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

America or any successor organization. Notwithstanding any state agency requirement or other

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

use any adequate and appropriate training program or guidelines for training of school personnel

in the seizure disorder care tasks covered under this section.

     (c)(1) Prior to administering a seizure rescue medication or medication prescribed to treat

seizure disorder symptoms, the student's parent or guardian shall:

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

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

contain the following information:

     (A) Student's name;

     (B) The name and purpose of the medication;

     (C) The prescribed dosage;

     (D) The route of administration;

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

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

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

the label affixed by the dispensing pharmacy intact.

     (2) In addition to the statements required in subsection (c)(1)(ii) of this section, the parent

or guardian of each student diagnosed with a seizure disorder shall collaborate with school

personnel to create a seizure action plan. The department of elementary and secondary education

shall promulgate administrative regulations establishing procedures for the development and

content of seizure action plans.

     (d)(1) The statements and seizure action plan required by this section shall be kept on file

in the office of the school nurse or school administrator.

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

personnel or volunteers responsible for the supervision or care of the student with a seizure

disorder.

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

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

following school year upon fulfilling the requirements of this section.

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

enrolled who has a seizure disorder or has a seizure rescue medication or medication prescribed

to treat seizure disorder symptoms approved by the United States Food and Drug Administration

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

     (g) Every public school shall provide an age-appropriate seizure education program to all

students on seizures and seizure disorders. The seizure education program shall be consistent with

guidelines published by the Epilepsy Foundation of America or any successor organization. The

department of elementary and secondary education shall promulgate administrative regulations

for the development and implementation of the seizure education program.

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

substantial compliance with the student's individual health plan and the instructions of the

student's licensed health care professional, that provides assistance or services under this section

shall not be liable for civil damages in his or her individual, marital, governmental, corporate, or

other capacities as a result of the services provided under this section to students with epilepsy or

seizure disorders.

     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 -- SEIZURE SAFE SCHOOLS ACT

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     This act would require all elementary and secondary schools to have at least one school

employee trained to administer or assist with the self-administering of seizure rescue medication

prescribed to treat seizure disorder systems and the use of prescribed electrical stimulation and

would also establish guidelines to authorize the administering of seizure medication in school.

     This act would take effect upon passage.

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