Arkansas 2023 Regular Session

Arkansas House Bill HB1315 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 286 of the Regular Session
3	2		JMB017 02-27-2023 11:42:57 JMB017
4	3
5	4		State of Arkansas As Engrossed: H2/7/23 H2/27/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1315 3
8	7		4
9	8		By: Representatives Ennett, Fortner, D. Garner, Haak, L. Johnson, J. Mayberry, Rye 5
10	9		By: Senator L. Chesterfield 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO CREATE THE SEIZURE SAFE SCHOOLS ACT; AND 9
14	13		FOR OTHER PURPOSES. 10
15	14		11
16	15		12
17	16		Subtitle 13
18	17		TO CREATE THE SEIZURE SAFE SCHOOLS ACT. 14
19	18		15
20	19		16
21	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
22	21		18
23	22		SECTION 1. Arkansas Code Title 6, Chapter 18, Subchapter 7, is amended 19
24	23		to add an additional section to read as follows: 20
25	24		6-18-720. Seizure Safe Schools Act. 21
26	25		(a) This section shall b e known and may be cited as the “Seizure Safe 22
27	26		Schools Act”. 23
28	27		(b) As used in this section, "seizure action plan" means a written, 24
29	28		individualized health plan designed to acknowledge and prepare for the 25
30	29		healthcare needs of a student diagnosed with a seizure disorder. 26
31	30		(c)(1) By the 2024-2025 school year, the board of each public school 27
32	31		district and the governing body of each private school or school district 28
33	32		shall have at least two (2) school employees at each school who have met the 29
34	33		training requirements ne cessary to: 30
35	34		(A) Administer or assist with the self -administration of: 31
36	35		(i) A seizure rescue medication or medication 32
37	36		prescribed to treat seizure disorder symptoms as approved by the United 33
38	37		States Food and Drug Administration and any successor agenc y; and 34
39	38		(ii) A manual dose of prescribed electrical 35
40	39		stimulation using a vagus nerve stimulator magnet as approved by the United 36 As Engrossed: H2/7/23 H2/27/23 HB1315
41	40
42	41		2 02-27-2023 11:42:57 JMB017
43	42
44	43
45	44		States Food and Drug Administration and any successor agency; and 1
46	45		(B) Recognize the signs and symptoms of seizures and t he 2
47	46		appropriate steps to be taken to respond to these symptoms. 3
48	47		(2) The presence of a full -time school nurse shall serve as one 4
49	48		(1) of the school employees required under subdivision (c)(1) of this 5
50	49		section. 6
51	50		(d)(1) Every public, charter, and private sch ool shall provide up to 7
52	51		seventy-five (75) minutes of training, in person or online, every two (2) 8
53	52		years to principals, guidance counselors, teachers, and other relevant school 9
54	53		personnel with direct contact and supervision of children on the recognition 10
55	54		of signs and symptoms of seizures and the appropriate steps for seizure first 11
56	55		aid. 12
57	56		(2) The training under subdivision (d)(1) of this section may 13
58	57		count toward the continuing education hours that a school nurse must receive. 14
59	58		(e)(1) Any training programs or guidelines adopted by any state agency 15
60	59		for the training of school personnel in the healthcare needs of any student 16
61	60		diagnosed with a seizure disorder shall be fully consistent with training 17
62	61		programs and guidelines developed by the Epilepsy Foundation of Am erica or 18
63	62		any successor organization. 19
64	63		(2) Notwithstanding any state agency requirement or other law to 20
65	64		the contrary, for the purposes of training under subdivision (e)(1) of this 21
66	65		section, a school district may use any adequate and appropriate training 22
67	66		programs or guidelines for training of school personnel in the seizure 23
68	67		disorder protocols covered under this section. 24
69	68		(f) Before a seizure rescue medication can be administered to a 25
70	69		student to treat seizure disorder symptoms, the student’s parent or legal 26
71	70		guardian shall: 27
72	71		(1) Provide the school with written authorization to administer 28
73	72		the medication at school; 29
74	73		(2) Provide a written statement from the student’s healthcare 30
75	74		provider that shall contain the following information: 31
76	75		(A) The student’s name; 32
77	76		(B) The name and purpose of the medication; 33
78	77		(C) The prescribed dosage; 34
79	78		(D) The route of administration; 35
80	79		(E) The frequency that the medication should be 36 As Engrossed: H2/7/23 H2/27/23 HB1315
81	80
82	81		3 02-27-2023 11:42:57 JMB017
83	82
84	83
85	84		administered; and 1
86	85		(F) The circumstances under which the medication should be 2
87	86		administered; 3
88	87		(3)(A) Provide the prescribed medication to the school in its 4
89	88		unopened, sealed package with the label affixed by the dispensing pharmacy 5
90	89		intact. 6
91	90		(B) The school shall store the medication under 7
92	91		subdivision (f)(3)(A) of this section in a safe and secure location 8
93	92		accessible only by school personnel or volunteers with training to administer 9
94	93		seizure medication; and 10
95	94		(4) Collaborate with school personnel to create a seizure action 11
96	95		plan. 12
97	96		(g) The written authorization, written statement, and seiz ure action 13
98	97		plan required in subdivision (f) of this section shall be: 14
99	98		(1) Kept on file in the office of the school nurse or school 15
100	99		administrator; and 16
101	100		(2) Distributed to any school personnel or volunteers 17
102	101		responsible for the supervision or care of the student. 18
103	102		(h) The written authorization for the administration of seizure rescue 19
104	103		medications provided for in subdivision (f)(1) of this section is effective 20
105	104		for the school year in which it is granted and may be renewed each following 21
106	105		school year upon ful filling the requirements of subsections (f) and (g) of 22
107	106		this section. 23
108	107		(i) This section shall apply only to a school that has a student 24
109	108		enrolled who has a seizure disorder and has a seizure rescue medication or 25
110	109		other medication prescribed by the student's healthcare provider to treat 26
111	110		seizure disorder symptoms approved by the United States Food and Drug 27
112	111		Administration or any successor agency. 28
113	112		(j) The Division of Elementary and Secondary Education may promulgate 29
114	113		rules for the development and implementation of the seizure education program 30
115	114		and the procedures for the development and content of seizure action plans. 31
116	115		(k)(1)(A) A school employee may not be subject to any disciplinary 32
117	116		proceeding resulting from an action taken in compliance with this section. 33
118	117		(B) Any employee acting in accordance with the provisions 34
119	118		of this act is immune from civil liability unless the actions of the employee 35
120	119		rise to a level of reckless or intentional misconduct. 36 As Engrossed: H2/7/23 H2/27/23 HB1315
121	120
122	121		4 02-27-2023 11:42:57 JMB017
123	122
124	123
125	124		(2) A school nurse is not responsible for or subject to 1
126	125		disciplinary action for actions performed by a volunteer. 2
127	126		(l) Each public school district shall develop an age -appropriate 3
128	127		seizure education program consistent with training programs and guidelines 4
129	128		developed by the Epilepsy Foundation of America and any succe ssor 5
130	129		organization. 6
131	130		7
132	131		/s/Ennett 8
133	132		9
134	133		10
135		-	~~APPROVED: 3/16/23~~ 11
	134	+	11
136	135		12
137	136		13
138	137		14
139	138		15
140	139		16
141	140		17
142	141		18
143	142		19
144	143		20
145	144		21
146	145		22
147	146		23
148	147		24
149	148		25
150	149		26
151	150		27
152	151		28
153	152		29
154	153		30
155	154		31
156	155		32
157	156		33
158	157		34
159	158		35
160	159		36