EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0299*
SENATE BILL 299
F1 2lr1004
CF HB 136
By: Senators Young, Feldman, and Washington Washington, Carozza, Hester, and
Simonaire
Introduced and read first time: January 19, 2022
Assigned to: Education, Health, and Environmental Affairs
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 22, 2022
CHAPTER ______
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 require certain school personnel to make a certain 8
presentation with a certain frequency to school personnel with direct contact and 9
supervision of students on certain seizure recognition and response methods; 10
requiring the State Department of Education and the Maryland Department of 11
Health, in consultation with a certain entity and stakeholders, to develop guidelines 12
and a training program for certain school personnel on the health care needs of a 13
student diagnosed with a seizure disorder; requiring the parent or guardian of a 14
student diagnosed with a seizure disorder to collaborate with school personnel to 15
create a seizure action plan and provide the school with certain information; 16
requiring the State Department of Education, in collaboration with the Maryland 17
Department of Health, to ensure health guidelines include certain information on 18
seizures; and generally relating to responding to seizure symptoms and emergencies 19
in schools in the State. 20
BY adding to 21
Article – Education 22
Section 7–450 23 2 SENATE BILL 299
Annotated Code of Maryland 1
(2018 Replacement Volume and 2021 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Education 5
7–450. 6
(A) IN THIS SECTION , “SEIZURE ACTION PLAN ” MEANS A WRITTEN 7
INDIVIDUALIZED HEALT H PLAN DESIGNED TO A CKNOWLEDGE AND PREPARE FOR 8
THE HEALTH CARE NEED S OF A STUDENT DIAGN OSED WITH A SEIZURE DISORDER. 9
(B) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A COUNTY BOARD 10
SHALL REQUIRE AT LEA ST TWO SCHOOL PERSON NEL AT EACH PUBLIC S CHOOL TO 11
BE TRAINED, SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TO COMPLETE A 12
PAID PROFESSIONAL DE VELOPMENT TRAINING , ADMINISTERED ONLINE OR 13
IN–PERSON, IN: 14
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE; 15
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A 16
SEIZURE; AND 17
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 18
ADMINISTERING ADMINISTERING OR ASSISTING WITH TH E SELF–ADMINISTRATION 19
OF A SEIZURE RESCUE MEDICATION, MEDICATION PRESCRIBE D TO TREAT SEIZURE 20
DISORDER SYMPTOMS AP PROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION , 21
AND MANUAL VAGUS NERV E STIMULATION. 22
(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE S CHOOL NURSE 23
BEFORE THE PERSONNEL ARE AUTHORIZED TO AD MINISTER OR ASSIST W ITH 24
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION. 25
(3) (I) A SCHOOL NURSE MAY, CERTIFIED NURSING ASSISTANT , OR 26
CERTIFIED MEDICATION TECHNICIAN SHALL SERVE AS ONE OF THE TRAINED 27
SCHOOL PERSONNEL REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 28
(II) AN INDIVIDUAL DESIGNA TED BY THE SCHOOL NU RSE OR 29
OTHER SCHOOL HEALTH PRACTITIONER OR A VO LUNTEER MAY SERVE AS ONE OF 30
THE TRAINED SCHOOL P ERSONNEL UNDER PARAG RAPH (1) OF THIS SUBSECTION . 31
SENATE BILL 299 3
(4) (3) THE TRAINING REQUIRED UNDER PARAGRAPH (1) OF THIS 1
SUBSECTION MAY COUNT TOWARD THE RENEWAL O F A PROFESSIONAL CER TIFICATE 2
ISSUED BY THE DEPARTMENT . 3
(C) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A PUBLIC SCHOOL 4
SHALL PROVIDE ONLINE OR IN –PERSON TRAINING EVER Y 2 YEARS TO 5
ADMINISTRATORS , FACULTY, THERAPISTS, GUIDANCE COUNSELORS , CLASSROOM 6
AIDES, BUS DRIVERS , CONTRACTED EMPLOYEES , AND ANY OTHER SCHOOL 7
PERSONNEL WITH DIREC T CONTACT AND SUPERV ISION OF STUDENTS ON REQUIRE 8
AN INDIVIDUAL TRAINE D UNDER SUBSECTION (B) OF THIS SECTION TO P RESENT, 9
EVERY 2 YEARS, TO ALL SCHOOL PERSON NEL WHO HAVE DIRECT CONTACT AND 10
SUPERVISION OF STUDE NTS AN ABRIDGED VERS ION OF THE BEST PRACTICES FOR 11
SEIZURE RESPONSE , BASED ON THE SCHOOL HEALTH SERVICES GUID ELINES 12
DEVELOPED UNDER SUBS ECTION (D) OF THIS SECTION, INCLUDING: 13
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE; 14
AND 15
(II) PROCEDURES FOR NOTIFY ING THE SCHOOL PERSONNEL 16
TRAINED IN ADMINISTE RING FIRST AID FOR A SEIZURE. 17
(2) SCHOOL PERSONNEL SHAL L ATTEND THE PRESENT ATION 18
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION D URING PROFESSIONAL 19
DEVELOPMENT , A PRESERVICE MEETING , OR A STAFF MEETING . 20
(3) A COUNTY BOA RD IS ENCOURAGED TO PROVIDE TO SCHOOL BU S 21
DRIVERS AND SCHOOL B US AIDES: 22
(I) THE PRESENTATION REQU IRED UNDER PARAGRAPH (1) OF 23
THIS SUBSECTION DURI NG THEIR WORK HOURS ; OR 24
(II) THE INFORMATION FROM THE PRESENTATION REQ UIRED 25
UNDER PARAGRAPH (1) OF THIS SUBSECTION. 26
(2) (D) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 27
HEALTH, IN CONSULTATION WITH THE EPILEPSY FOUNDATION OF AMERICA AND 28
OTHER INTERESTED STA KEHOLDERS , SHALL DEVELOP SCHOOL HEALTH SERVIC ES 29
GUIDELINES AND A TRA INING PROGRAM FOR THE SCHOOL PERSONNEL UNDER 30
SUBSECTION (B) OF THIS SECTION ON THE HEALTH CARE NEEDS MANAGEMENT OF 31
A STUDENT DIAGNOSED WITH A SEIZURE DISOR DER. 32
(D) (E) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A NONPUBLIC 33
SCHOOL MAY REQUIRE A T LEAST TWO SCHOOL P ERSONNEL TO BE TRAINED IN: 34
4 SENATE BILL 299
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE; 1
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A 2
SEIZURE; AND 3
(III) ADMINISTERING OR ASSI STING WITH THE 4
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION, MEDICATION 5
PRESCRIBED TO TREAT SEIZURE DISORDER SYM PTOMS APPROVED BY TH E U.S. 6
FOOD AND DRUG ADMINISTRATION , AND MANUAL VAGUS NER VE STIMULATION . 7
(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE S CHOOL NURSE 8
BEFORE THE PERSONNEL ARE AUTHORIZED TO AD MINISTER OR ASSIST W ITH 9
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION. 10
(3) (2) A SCHOOL NURSE OR OTHER SCHOOL HEAL TH CARE 11
PRACTITIONER MAY SERVE AS ONE OF THE TRAINED SCHOOL P ERSONNEL 12
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION . 13
(E) (F) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED 14
WITH A SEIZURE DISOR DER SHALL COLLABORAT E WITH SCHOOL PERSON NEL TO 15
CREATE A SEIZURE ACT ION PLAN. 16
(2) THE DEPARTMENT , IN COLLABORATION WIT H THE MARYLAND 17
DEPARTMENT OF HEALTH, SHALL ENSURE : 18
(I) HEALTH GUIDELINES INC LUDE SEIZURE FIRST A ID 19
PROCEDURES ; AND 20
(II) HEALTH PLANS INCLUDE SEIZURE ACTION PLANS . 21
(3) A COPY OF A SEIZURE AC TION PLAN SHALL BE : 22
(I) RETAINED IN THE OFFIC E OF THE SCHOOL NURS E OR AN 23
ADMINISTRATOR ; AND 24
(II) DISTRIBUTED TO ANY SC HOOL PERSONNEL OR VO LUNTEER 25
RESPONSIBLE FOR THE SUPERVISION OR CARE OF A STUDENT DIAGNOS ED WITH A 26
SEIZURE DISORDER . 27
(F) (G) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED 28
WITH A SEIZURE DISOR DER SHALL PROVIDE THE SCHOOL WI TH: 29
SENATE BILL 299 5
(I) A WRITTEN AUTHORIZATIO N FOR A TRAINED SCHO OL 1
EMPLOYEE TO ADMINIST ER OR ASSIST WITH AD MINISTERING SEIZURE MEDICATION 2
AT SCHOOL; 3
(II) THE PRESCRIBED MEDICA TION IN AN UNOPENED , SEALED 4
PACKAGE WITH THE LAB EL AFFIXED BY THE D ISPENSING PHARMACY I NTACT; AND 5
(III) A WRITTEN STATEMENT FR OM THE STUDENT ’S HEALTH 6
CARE PRACTITIONER TH AT INCLUDES: 7
1. THE STUDENT’S NAME; 8
2. THE NAME AND PURPOSE OF THE MEDICATION ; 9
3. THE PRESCRIBED DOSAGE ; 10
4. THE ROUTE OF ADMINISTRATION ; 11
5. THE FREQUENCY THAT TH E MEDICATION MAY BE 12
ADMINISTERED ; AND 13
6. THE CIRCUMSTANCES UND ER WHICH THE 14
MEDICATION MAY BE AD MINISTERED. 15
(2) A WRITTEN AUTHORIZATIO N FOR THE ADMINISTRA TION OF A 16
SEIZURE RESCUE MEDIC ATION OR MEDICATION PRESCRIBED TO TREAT SEIZURE 17
DISORDER SYMPTOMS SH ALL BE: 18
(I) EFFECTIVE FOR THE SCH OOL YEAR IN WHICH IT IS 19
SUBMITTED; AND 20
(II) RENEWED EACH SCHOOL Y EAR IF THE REQUIREME NTS OF 21
THIS SUBSECTION ARE FULFILLED. 22
(G) (H) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGENT ACT , AN 23
EMPLOYEE OR OTHER SCHOOL PERS ONNEL WHO RESPONDS I N ACCORDANCE WITH 24
THIS SECTION AND IN GOOD FAITH TO A STUD ENT EXPERIENCING A S EIZURE OR 25
SEIZURE DISORDER SYM PTOMS IN ACCORDANCE WITH THIS SECTION IS IMMUNE 26
FROM CIVIL LIABILITY FOR ANY ACT OR OMISS ION IN THE COURSE OF RESPONDING 27
TO THE SITUATION . 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 29
1, 2022. 30
6 SENATE BILL 299
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.