EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0299*
SENATE BILL 299
F1 2lr1004
CF HB 136
By: Senators Young, Feldman, and Washington
Introduced and read first time: January 19, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Education – Public and Nonpublic Schools – Seizure Action Plans 2
(Brynleigh’s Act) 3
FOR the purpose of requiring a county board of education and authorizing a nonpublic 4
school, beginning in a certain school year, to require a certain number of school 5
personnel at the school to be trained in certain seizure recognition and response 6
methods; requiring a public school, beginning in a certain school year, to provide 7
online or in–person training with a certain frequency to school personnel with direct 8
contact and supervision of students on certain seizure recognition and response 9
methods; requiring the State Department of Education and the Maryland 10
Department of Health, in consultation with a certain entity and stakeholders, to 11
develop guidelines and a training program for school personnel on the health care 12
needs of a student diagnosed with a seizure disorder; requiring the parent or 13
guardian of a student diagnosed with a seizure disorder to collaborate with school 14
personnel to create a seizure action plan and provide the school with certain 15
information; requiring the State Department of Education, in collaboration with the 16
Maryland Department of Health, to ensure health guidelines include certain 17
information on seizures; and generally relating to responding to seizure symptoms 18
and emergencies in schools in the State. 19
BY adding to 20
Article – Education 21
Section 7–450 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2021 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
Article – Education 27
2 SENATE BILL 299
7–450. 1
(A) IN THIS SECTION, “SEIZURE ACTION PLAN ” MEANS A WRITTEN 2
INDIVIDUALIZED HEALT H PLAN DESIGNED TO A CKNOWLEDGE AND PREPA RE FOR 3
THE HEALTH CARE NEED S OF A STUDENT DIAGN OSED WITH A SEIZURE DISORDER. 4
(B) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A COUNTY BOARD 5
SHALL REQUIRE AT LEAST TWO SCHOOL PERSONNEL AT EACH PUBLIC SCHOOL T O 6
BE TRAINED IN: 7
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE; 8
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A 9
SEIZURE; AND 10
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSE CTION, 11
ADMINISTERING OR ASSI STING WITH THE SELF –ADMINISTRATION OF A SEIZURE 12
RESCUE MEDICATION , MEDICATION PRESCRIBE D TO TREAT SEIZURE D ISORDER 13
SYMPTOMS APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION , AND 14
MANUAL VAGUS NERVE S TIMULATION. 15
(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE S CHOOL NURSE 16
BEFORE THE PERSONNEL ARE AUTHORIZED TO AD MINISTER OR ASSIST W ITH 17
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION. 18
(3) A SCHOOL NURSE MAY SER VE AS ONE OF THE TRA INED SCHOOL 19
PERSONNEL REQUIRED U NDER PARAGRAPH (1) OF THIS SUBSECTION . 20
(4) THE TRAINING REQUIRED UNDER PARAGRAPH (1) OF THIS 21
SUBSECTION MAY COUNT TOWARD THE RENEWAL O F A PROFESSIONAL CER TIFICATE 22
ISSUED BY THE DEPARTMENT . 23
(C) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A PUBLIC SCHOOL 24
SHALL PROVIDE ONLINE OR IN –PERSON TRAINING EVERY 2 YEARS TO 25
ADMINISTRATORS , FACULTY, THERAPISTS, GUIDANCE COUNSELORS , CLASSROOM 26
AIDES, BUS DRIVERS , CONTRACTED EMPLOYEES , AND ANY OTHER SCHOOL 27
PERSONNEL WITH DIREC T CONTACT AND S UPERVISION OF STUDEN TS ON: 28
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE; 29
AND 30
(II) PROCEDURES FOR NOTIFYING THE SC HOOL PERSONNEL 31
TRAINED IN ADMINISTERING FIRST AID FOR A SEIZURE. 32 SENATE BILL 299 3
(2) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 1
HEALTH, IN CONSULTATION WITH TH E EPILEPSY FOUNDATION OF AMERICA AND 2
OTHER INTERESTED STA KEHOLDERS , SHALL DEVELOP GUIDEL INES AND A 3
TRAINING PROGRAM FOR SCHOOL PERSONNEL ON THE HEALTH CARE NEED S OF A 4
STUDENT DIAGNOSED WI TH A SEIZURE DISORDE R. 5
(D) (1) BEGINNING IN TH E 2023–2024 SCHOOL YEAR , A NONPUBLIC 6
SCHOOL MAY REQUIRE AT LEAST TWO SCHOOL PERSONNEL TO BE TRAINED IN: 7
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE; 8
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A 9
SEIZURE; AND 10
(III) ADMINISTERING OR ASSISTING WITH THE 11
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION, MEDICATION 12
PRESCRIBED TO TREAT SEIZURE DISORDER SYM PTOMS APPROVED BY TH E U.S. 13
FOOD AND DRUG ADMINISTRATION , AND MANUAL VAGUS NER VE STIMULATION . 14
(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE SCHOOL NURSE 15
BEFORE THE PERSONNEL ARE AUTHORIZED TO AD MINISTER OR ASSIST W ITH 16
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION. 17
(3) A SCHOOL NURSE MAY SER VE AS ONE OF THE TRA INED SCHOOL 18
PERSONNEL REQUIRED U NDER PARAGRAPH (1) OF THIS SUBSECTION. 19
(E) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED WITH A 20
SEIZURE DISORDER SHA LL COLLABORATE WITH SCHOOL PERSONNEL TO CREATE A 21
SEIZURE ACTION PLAN . 22
(2) THE DEPARTMENT , IN COLLABORATION WITH THE MARYLAND 23
DEPARTMENT OF HEALTH, SHALL ENSURE: 24
(I) HEALTH GUIDELINES INC LUDE SEIZURE FIRST A ID 25
PROCEDURES ; AND 26
(II) HEALTH PLANS INCLUDE SEIZURE ACTION PLANS . 27
(3) A COPY OF A SEIZURE AC TION PLAN SHALL BE : 28
(I) RETAINED IN THE OFFIC E OF THE SCHOOL NURS E OR AN 29
ADMINISTRATOR ; AND 30 4 SENATE BILL 299
(II) DISTRIBUTED TO ANY SC HOOL PERSONNEL OR VO LUNTEER 1
RESPONSIBLE FOR THE SUPERVISION OR CARE OF A STUDENT DIAGNOS ED WITH A 2
SEIZURE DISORDER . 3
(F) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED WITH A 4
SEIZURE DISORDER SHA LL PROVIDE THE SCHOO L WITH: 5
(I) A WRITTEN AUTHORIZATIO N FOR A TRAINED SCHO OL 6
EMPLOYEE TO ADMINIST ER OR ASSIST WITH AD MINISTERING SEIZURE MEDICATION 7
AT SCHOOL; 8
(II) THE PRESCRIBED MEDICA TION IN AN UNOPENED , SEALED 9
PACKAGE WITH THE LAB EL AFFIXED BY THE DI SPENSING PHARMACY IN TACT; AND 10
(III) A WRITTEN STATEMENT FR OM THE STUDENT ’S HEALTH 11
CARE PRACTITIONER TH AT INCLUDES: 12
1. THE STUDENT’S NAME; 13
2. THE NAME AND PURPOSE OF T HE MEDICATION ; 14
3. THE PRESCRIBED DOSAGE ; 15
4. THE ROUTE OF ADMINISTRATI ON; 16
5. THE FREQUENCY THAT THE ME DICATION MAY BE 17
ADMINISTERED ; AND 18
6. THE C IRCUMSTANCES UNDER W HICH THE 19
MEDICATION MAY BE AD MINISTERED. 20
(2) A WRITTEN AUTHORIZATIO N FOR THE ADMINISTRA TION OF A 21
SEIZURE RESCUE MEDIC ATION OR MEDICATION PRESCRIBED TO TREAT SEIZURE 22
DISORDER SYMPTOMS SHA LL BE: 23
(I) EFFECTIVE FOR THE SCH OOL YEAR IN WHICH IT IS 24
SUBMITTED; AND 25
(II) RENEWED EACH SCHOOL Y EAR IF THE REQUIREME NTS OF 26
THIS SUBSECTION ARE FULFILLED. 27
(G) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, AN EMPLOYEE 28 SENATE BILL 299 5
OR OTHER SCHOOL PERSONNEL WHO RESPONDS IN GOOD FAITH TO A STUDENT 1
EXPERIENCING A SEIZU RE OR SEIZURE DISORD ER SYMPTOMS IN ACCOR DANCE WITH 2
THIS SECTION IS IMMU NE FROM CIVIL LIABIL ITY FOR ANY ACT OR O MISSION IN THE 3
COURSE OF RESPONDING TO THE SITUATION . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 5
1, 2022. 6