District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0571 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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5	5		1
6		-	AN ACT
7		-
8		-	_____________
9		-
10		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11		-
12		-	_________________
13		-	To amend the Student Access to Treatment Act of 2007 to require the responsible person submit
14		-	to the school a seizure action plan of the purposes of receiving seizure treatment at school,
15		-	permit a student with a seizure action plan to self-administer seizure treatment, require the
16		-	Department of Health to offer training to school personnel on the treatment of seizure disorders, authorize trained school employees to administer seizure treatments to a student with a seizure action plan, require that a seizure action plan be made part of the student’s file and that it be made available for school personnel responsible for the student, an d
17		-	authorize a school to receive and store a student’s seizure treatment if the student has a seizure action plan.
18		-
19		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20		-	act may be cited as the “Seizure Safe Schools Amendment Act of 2024”.
21		-	Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C.
22		-	Law 17-107; D.C. Official Code § 38-651.01 et seq. ), is amended as follows:
23		-	(a) Section 2 (D.C. Official Code § 38-651.01) is amended as follows:
24		-	(1) Paragraphs (5A) and (5B) are redesignated as paragraphs (5C) and (5D).
25		-	(2) New paragraphs (5A) and (5B) are added to read as follows:
26		-	“(5A) “Seizure action plan” means a written, individualized health plan designed
27		-	to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder.
28		-	“(5B) “Seizure treatment” means seizure medication, a Vagus Nerve Stimulator
29		-	magnet, or other medical treatments prescribed by a physician for an individual diagnosed with a seizure disorder.”.
30		-	(3) Paragraph (7A) is redesignated as paragraph (8).
31		-	(b) Section 3(a) (D.C. Official Code § 38-651.02(a)) is amended as follows:
32		-	(1) The lead-in language is amended as follows:
33		-	(A) Strike the phrase “medication at” and insert the phrase “medication or
34		-	non-medication seizure treatment at” in its place. ENROLLED ORIGINAL
	6	+	A BILL 1
	7	+	2
	8	+	25-571 3
	9	+	4
	10	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	11	+	6
	12	+	_________________ 7
	13	+	8 9 To amend the Student Access to Treatment Act of 2007 to require the responsible person to create 10
	14	+	and submit to the school a seizure action plan that is to be made part of the student’s file 11
	15	+	and which shall be made available for school personnel and agents responsible for the 12
	16	+	student, and to require the Department of Health to offer a voluntary seizure recognition 13
	17	+	and first-aid response training for school personnel. 14
	18	+	15
	19	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
	20	+	act may be cited as the “Seizure Safe Schools Amendment Act of 2024”. 17
	21	+	Sec. 2. The Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C. 18
	22	+	Law 17-107; D.C. Official Code § 38-651.01 et seq. ), is amended as follows: 19
	23	+	(a) Section 2 (D.C. Official Code § 38-651.01) is amended as follows: 20
	24	+	(1) Paragraphs (5A) and (5B) are redesignated as paragraphs (5C) and (5D). 21
	25	+	(2) New paragraphs (5A) and (5B) are added to read as follows: 22
	26	+	“(5A) “Seizure action plan” means a written, individualized health plan designed 23
	27	+	to acknowledge and prepare for the health care needs of a student diagnosed with a seizure 24
	28	+	disorder. 25
	29	+	“(5B) “Seizure treatment” means seizure medication, a Vagus Nerve Stimulator 26
	30	+	magnet, or other medical treatments prescribed by a physician for an individual diagnosed with a 27
	31	+	seizure disorder. 28 ENGROSSED ORIGINAL
35	32
36	33
37	34
38	35		2
39		-	(B) Strike the phrase “in order to treat asthma, anaphylaxis, or other
40		-	illness” and insert the phrase “in order to treat asthma, anaphylaxis, a seizure disorder, or other
41		-	illness” in its place.
42		-	(2) Paragraph (1) is amended by striking the phrase “medication action plan” and
43		-	inserting the phrase “medication action plan or seizure action plan” in its place.
44		-	(c) A new section 4a is added to read as follows:
45		-	“Sec. 4a. Seizure action plan and training requirements.
46		-	“(a) The responsible person shall submit a seizure action plan to the school for a student
47		-	diagnosed with a seizure disorder.
48		-	“(b) A valid seizure action plan shall include:
49		-	“(1) A written statement or authorization, signed by the student’s health care
50		-	provider, that states:
51		-	“(A) The name of the student;
52		-	“(B) Emergency contact information for the responsible person, or, if the
53		-	student is 18 years of age or older, another adult suitable to serve as an emergency contact;
54		-	“(C) Contact information for the health care provider;
55		-	“(D) The name, purpose, and prescribed dosage of the seizure treatment
56		-	prescribed to the student;
57		-	“(E) The method of administration for the seizure treatment;
58		-	“(F) The frequency that the seizure treatment is to be administered;
59		-	“(G) The symptoms necessitating administration of the seizure treatment;
60		-	“(H) The possible side effects of the seizure treatment as listed on the
61		-	label;
62		-	“(I) Special instructions or emergency procedures; and
63		-	“(J) In the case of self-administered seizure treatment , confirmation that
64		-	the student has been instructed in the proper technique of self-administration of the seizure
65		-	treatment and has demonstrated the ability to self-administer the seizure treatment effectively;
66		-	“(2) Written authorization, signed by the responsible person, that states:
67		-	“(A) A trained employee or agent of the school may administer seizure
68		-	treatment to the student in accordance with the student’s seizure action plan;
69		-	“(B) In the case of self-administration, the student may possess and self-
70		-	administer the seizure treatment in accordance with the student’s seizure action plan; and
71		-	“(C) The name of the student and their seizure action plan may be
72		-	distributed to school staff or agents who may encounter the student during their time at school;
73		-	and
74		-	“(3) Written acknowledgment that the District, a school, or an employee or agent
75		-	of a school, who has received training in the administration of seizure treatment , shall be
76		-	immune from civil liability for the good-faith performance of responsibilities under this act ;
77		-	except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence,
78		-	or wanton or willful misconduct. ENROLLED ORIGINAL
	36	+	(3) Paragraph (7A) is redesignated as paragraph (8). 29
	37	+	(b) Section 3(a) (D.C. Official Code § 38-651.02(a)(1)) is amended as follows: 30
	38	+	(1) The lead-in language is amended as follows: 31
	39	+	(A) Strike the phrase “medication at” and insert the phrase “medication or 32
	40	+	non-medication seizure treatment at” in its place. 33
	41	+	(B) Strike the phrase “in order to treat asthma, anaphylaxis, or other 34
	42	+	illness” and insert the phrase “in order to treat asthma, anaphylaxis, a seizure disorder, or other 35
	43	+	illness” in its place. 36
	44	+	(2) Paragraph (1) is amended by striking the phrase “medication action plan” and 37
	45	+	inserting the phrase “medication action plan or seizure action plan” in its place. 38
	46	+	(c) A new section 4a is added to read as follows: 39
	47	+	“Sec. 4a. Seizure action plan and training requirements. 40
	48	+	“(a) The responsible person shall submit a seizure action plan to the school for a student 41
	49	+	diagnosed with a seizure disorder. 42
	50	+	“(b) A valid seizure action plan shall include: 43
	51	+	“(1) A written statement or authorization, signed by the student’s health care 44
	52	+	provider, that states: 45
	53	+	“(A) The name of the student; 46
	54	+	“(B) Emergency contact information for the responsible person, or, if the 47
	55	+	student is 18 years of age or older, another adult suitable to serve as an emergency contact; 48 ENGROSSED ORIGINAL
79	56
80	57
81	58
82	59		3
83		-	“(c) Any school staff or agent who receives personally identifiable health information
84		-	through a seizure action plan pursuant to subsection (b) of this section shall keep this information
85		-	confidential.
86		-	“(d) Beginning on June 1, 2025, the Department of Health shall offer a voluntary training
87		-	on seizure awareness at least 3 times during each school year for school personnel and agents,
88		-	which shall include recognition of the signs and symptoms of seizures and the appropriate steps
89		-	to be taken to respond to those symptoms.
90		-	“(e) Schools shall notify, at minimum, all school personnel with direct contact with
91		-	students with seizure action plans of the availability of the training offered under subsection (d)
92		-	of this section and authorize personnel to attend this training.”.
93		-	(d) Section 6 (D.C. Official Code § 38-651.05) is amended as follows:
94		-	(1) The existing language is designated as subsection (a).
95		-	(2) A new subsection (b) is added to read as follows:
96		-	“(b)(1) An employee or agent trained pursuant to rules promulgated by the Mayor may
97		-	administer a seizure treatment to a student with a valid seizure action plan; provided, that the
98		-	responsible person has delivered the seizure treatment to be administered to the school.
99		-	“(2) A trained employee or agent need not be certified in order to administer
100		-	seizure treatment .”.
101		-	(e) Section 9 (D.C. Official Code § 38-651.08) is amended as follows:
102		-	(1) Subsection (a) is amended by striking the phrase “medication action plans”
103		-	and inserting the phrase “medication action plans or seizure action plans” in its place.
104		-	(2) Subsection (b) is amended by striking the phrase “medication action plans,”
105		-	and inserting the phrase “medication action plans or seizure action plans,” in its place.
106		-	(3) Subsection (d) is amended by striking the phrase “medication was
107		-	administered” and inserting the phrase “medication or seizure treatment was administered” in its
108		-	place.
109		-	(f) Section 10(b) (D.C. Official Code § 38- 651.09(b) ) is amended as follows:
110		-	(1) Paragraph (1) is amended to read as follows:
111		-	“(b)(1) A school may receive medication or seizure treatment to store for the
112		-	treatment of asthma, anaphylaxis, a seizure disorder, or other illness from the responsible person
113		-	for a student with a valid medication action plan or seizure action plan .”.
114		-	(2) Paragraph (2) is amended by striking the word “medication” and inserting the
115		-	phrase “medication or seizure treatment” in its place.
116		-	(3) A new paragraph (4) is added to read as follows:
117		-	“(4) For a student with a seizure action plan, this subsection shall apply to any
118		-	seizure treatment, including a Vagus Nerve Stimulator magnet.”.
119		-	(g) Section 11(a) (D.C. Official Code § 38- 651.10(a)) is amended by striking the phrase
120		-	“medication action plan” and inserting the phrase “medication action plan or seizure action plan”
121		-	in its place.
122		-	ENROLLED ORIGINAL
	60	+	“(C) Contact information for the health care provider; 49
	61	+	“(D) The name, purpose, and prescribed dosage of the seizure medication 50
	62	+	prescribed to the student; 51
	63	+	“(E) The method of administration for the seizure treatment; 52
	64	+	“(F) The frequency that the seizure treatment is to be administered; 53
	65	+	“(G) The symptoms necessitating administration of the seizure treatment; 54
	66	+	“(H) The possible side effects of the seizure treatment as listed on the 55
	67	+	label; 56
	68	+	“(I) Special instructions or emergency procedures; and 57
	69	+	“(J) In the case of self-administered seizure treatment , confirmation that 58
	70	+	the student has been instructed in the proper technique of self-administration of the seizure 59
	71	+	treatment and has demonstrated the ability to self-administer the seizure treatment effectively; 60
	72	+	“(2) Written authorization, signed by the responsible person, that states: 61
	73	+	“(A) A trained employee or agent of the school may administer seizure 62
	74	+	treatment to the student in accordance with the student’s seizure action plan; 63
	75	+	“(B) In the case of self-administration, the student may possess and self-64
	76	+	administer the seizure treatment in accordance with the student’s seizure action plan; and 65
	77	+	“(C) The name of the student and their seizure action plan may be 66
	78	+	distributed to school staff or agents who may encounter the student during their time at school; 67
	79	+	and 68 ENGROSSED ORIGINAL
123	80
124	81
125	82
126	83		4
127		-	Sec. 3. Fiscal impact statement.
128		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
129		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
130		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
131		-
132		-	Sec. 4. Effective date.
133		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
134		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
135		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
136		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
	84	+	“(3) Written acknowledgment that the District, a school, or an employee or agent 69
	85	+	of a school, who has received training in the administration of seizure treatment , shall be 70
	86	+	immune from civil liability for the good-faith performance of responsibilities under this act ; 71
	87	+	except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, 72
	88	+	or wanton or willful misconduct. 73
	89	+	“(c) Any school staff or agent who receives personally identifiable health information 74
	90	+	through a seizure action plan pursuant to subsection (b) of this section shall keep this information 75
	91	+	confidential. 76
	92	+	“(d) Beginning on June 1, 2025, the Department of Health shall offer a voluntary training 77
	93	+	on seizure awareness at least 3 times during each school year for school personnel and agents, 78
	94	+	which shall include recognition of the signs and symptoms of seizures and the appropriate steps 79
	95	+	to be taken to respond to those symptoms. 80
	96	+	“(e) Schools shall notify, at a minimum, all school personnel with direct contact with 81
	97	+	students with seizure action plans of the availability of the training offered under subsection (d) 82
	98	+	of this section and authorize personnel to attend this training.”. 83
	99	+	(d) Section 6 (D.C. Official Code § 38-651.05) is amended as follows: 84
	100	+	(1) The existing language is designated as subsection (a) 85
	101	+	(2) A new subsection (b) is added to read as follows: 86 ENGROSSED ORIGINAL
137	102
138	103
139	104
140		-
141		-	______________________________
142		-	Chairman
143		-	Council of the District of Columbia
	105	+	5
	106	+	“(b)(1) An employee or agent trained pursuant to rules promulgated by the Mayor may 87
	107	+	administer a seizure treatment to a student with a valid seizure action plan; provided, that the 88
	108	+	responsible person has delivered the seizure treatment to be administered to the school. 89
	109	+	“(2) A trained employee or agent need not be certified in order to administer 90
	110	+	seizure treatment .”. 91
	111	+	(e) Section 9 (D.C. Official Code § 38-651.08) is amended as follows: 92
	112	+	(1) Subsection (a) is amended by striking the phrase “medication action plans” 93
	113	+	and inserting the phrase “medication action plans or seizure action plans” in its place. 94
	114	+	(2) Subsection (b) is amended by striking the phrase “medication action plans,” 95
	115	+	and inserting the phrase “medication action plans or seizure action plans,” in its place. 96
	116	+	(3) Subsection (d) is amended by striking the phrase “medication was 97
	117	+	administered” and inserting the phrase “medication or seizure treatment was administered” in its 98
	118	+	place. 99
	119	+	(f) Section 10(b) (D.C. Official Code § 38- 651.09(b) ) is amended as follows: 100
	120	+	(1) Paragraph (1) is amended to read as follows: 101
	121	+	“(b)(1) A school may receive medication or seizure treatment to store for the 102
	122	+	treatment of asthma, anaphylaxis, a seizure disorder, or other illness from the responsible person 103
	123	+	for a student with a valid medication action plan or seizure action plan .”. 104
	124	+	(2) Paragraph (2) is amended by striking the word “medication” and inserting the 105
	125	+	phrase “medication or seizure treatment” in its place. 106 ENGROSSED ORIGINAL
144	126
145	127
146	128
147		-
148		-
149		-	_________________________________
150		-	Mayor
151		-	District of Columbia
152		-
153		-
154		-
	129	+	6
	130	+	(3) A new paragraph (4) is added to read as follows: 107
	131	+	“(4) For a student with a seizure action plan, this subsection shall apply to any 108
	132	+	seizure treatment, including a Vagus Nerve Stimulator magnet.”. 109
	133	+	(g) Section 11(a) (D.C. Official Code § 38- 651.10(a)) is amended by striking the phrase 110
	134	+	“medication action plan” and inserting the phrase “medication action plan or seizure action plan” 111
	135	+	in its place. 112
	136	+	Sec. 3. Fiscal impact statement. 113
	137	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 114
	138	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 115
	139	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 116
	140	+	Sec. 4. Effective date. 117
	141	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 118
	142	+	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 119
	143	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 120
	144	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 121