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.
Italics indicate opposite chamber/conference committee amendments.
*sb0299*
SENATE BILL 299
F1 (2lr1004)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Ways and Means —
Introduced by Senators Young, Feldman, and Washington Washington, Carozza,
Hester, and Simonaire
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Gov ernor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 2 SENATE BILL 299
student diagnosed with a seizure disorder to collaborate with school personnel to 1
create a seizure action plan and provide the school with certain information; 2
requiring the State Department of Education, in collaboration with the Maryland 3
Department of Health, to ensure health guidelines include certain information on 4
seizures; and generally relating to responding to seizure symptoms and emergencies 5
in schools in the State. 6
BY adding to 7
Article – Education 8
Section 7–450 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Education 14
7–450. 15
(A) IN THIS SECTION , “SEIZURE ACTION PLAN ” MEANS A WRITTEN 16
INDIVIDUALIZED HEALT H PLAN DESIGNED TO A CKNOWLEDGE AND PREPA RE FOR 17
THE HEALTH CARE NEED S OF A STUDENT DIAGN OSED WITH A SEIZURE DISORDER. 18
(B) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A COUNTY BOARD 19
SHALL REQUIRE AT LEA ST TWO SCHOOL PERSON NEL AT EACH PUBLIC S CHOOL TO 20
BE TRAINED, SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TO COMPLETE A 21
PAID PROFESSIONAL DE VELOPMENT TRAINING , ADMINISTERED ONLI NE OR 22
IN–PERSON, IN: 23
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE; 24
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A 25
SEIZURE; AND 26
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 27
ADMINISTERING ADMINISTERING IF WRITTEN AUTHORIZATION IS GIV EN BY A 28
PARENT OR GUARDIAN U NDER SUBSECTION (G) OF THIS SECTION , ADMINISTERING 29
OR ASSISTING WITH TH E SELF–ADMINISTRATION OF A SEIZURE RESCUE 30
MEDICATION, MEDICATION PRESCRIBE D TO TREAT SEIZURE D ISORDER SYMPTOMS 31
APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION , AND MANUAL VAGUS 32
NERVE STIMULATION . 33
SENATE BILL 299 3
(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE S CHOOL NURSE 1
BEFORE THE PERSONNEL ARE AUTHORIZED TO AD MINISTER OR ASSIST W ITH 2
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION. 3
(3) (I) A SCHOOL NURSE MAY, CERTIFIED NURSING AS SISTANT, OR 4
CERTIFIED MEDICATION TECHNICIAN SHALL SERVE AS ONE OF THE TRAINED 5
SCHOOL PERSONNEL REQ UIRED UNDER PARAGRAP H (1) OF THIS SUBSECTION . 6
(II) AN INDIVIDUAL DESIGNATED WHO IS RECOMMENDED BY 7
THE SCHOOL NURSE OR OTHER SCHOOL HEALTH PRACTITIONER OR A VOLUNTEER 8
AND WHO VOLUNTEERS MAY SERVE AS ONE OF THE TRAINED SCHOOL P ERSONNEL 9
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 10
(4) (3) THE TRAINING REQUIRED UNDER PARAGRAPH (1) OF THIS 11
SUBSECTION MAY COUNT TOWARD THE REN EWAL OF A PROFESSION AL CERTIFICATE 12
ISSUED BY THE DEPARTMENT . 13
(C) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A PUBLIC SCHOOL 14
SHALL PROVIDE ONLINE OR IN –PERSON TRAINING EVER Y 2 YEARS TO 15
ADMINISTRATORS , FACULTY, THERAPISTS, GUIDANCE COUNSELORS , CLASSROOM 16
AIDES, BUS DRIVERS , CONTRACTED EMPLOYEES , AND ANY OTHER SCHOOL 17
PERSONNEL WITH DIREC T CONTACT AND SUPERV ISION OF STUDENTS ON REQUIRE 18
AN INDIVIDUAL TRAINE D UNDER SUBSECTION (B) OF THIS SECTION TO P RESENT, 19
EVERY 2 YEARS, TO ALL SCHOOL PE RSONNEL WHO HAVE DIR ECT CONTACT AND 20
SUPERVISION OF STUDE NTS AN ABRIDGED VERS ION OF THE BEST PRAC TICES FOR 21
SEIZURE RESPONSE , BASED ON THE SCHOOL HEALTH SERVICES GUID ELINES 22
DEVELOPED UNDER SUBS ECTION (D) OF THIS SECTION, INCLUDING: 23
(I) RECOGNIZING THE SI GNS AND SYMPTOMS OF A SEIZURE; 24
AND 25
(II) PROCEDURES FOR NOTIFY ING THE SCHOOL PERSO NNEL 26
TRAINED IN ADMINISTE RING FIRST AID FOR A SEIZURE. 27
(2) SCHOOL PERSONNEL SHAL L ATTEND THE PRESENT ATION 28
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION D URING PROFESS IONAL 29
DEVELOPMENT , A PRESERVICE MEETING , OR A STAFF MEETING . 30
(3) A COUNTY BOARD IS ENCO URAGED TO PROVIDE TO SCHOOL BUS 31
DRIVERS AND SCHOOL B US AIDES: 32
(I) THE PRESENTATION REQU IRED UNDER PARAGRAPH (1) OF 33
THIS SUBSECTION DURI NG THEIR WORK HOURS ; OR 34
4 SENATE BILL 299
(II) THE INFORMATION FROM THE PRESENTATION REQ UIRED 1
UNDER PARAGRAPH (1) OF THIS SUBSECTION . 2
(2) (D) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF 3
HEALTH, IN CONSULTATION WITH THE EPILEPSY FOUNDATION OF AMERICA AND 4
OTHER INTERESTED STA KEHOLDERS , SHALL DEVELOP SCHOOL HEALTH SERVIC ES 5
GUIDELINES AND A TRA INING PROGRAM FOR THE SCHOOL PERSONNEL UNDER 6
SUBSECTION (B) OF THIS SECTION ON THE HEALTH CARE NEEDS MANAGEMENT OF 7
A STUDENT DIAGNOSED WITH A SEIZURE DISOR DER. 8
(D) (E) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A NONPUBLIC 9
SCHOOL MAY REQUIRE A T LEAST TWO SCHOOL P ERSONNEL TO BE TRAIN ED IN: 10
(I) RECOGNIZING THE SIGNS AND SYM PTOMS OF A SEIZURE ; 11
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A 12
SEIZURE; AND 13
(III) ADMINISTERING SUBJECT TO PARAGRAPH (3) OF THIS 14
SUBSECTION, ADMINISTERING OR ASSISTING WITH TH E SELF–ADMINISTRATION OF 15
A SEIZURE RESCUE MEDICATION , MEDICATION PRESCRIBE D TO TREAT SEIZURE 16
DISORDER SYMPTOMS AP PROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION , 17
AND MANUAL VAGUS NER VE STIMULATION . 18
(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE S CHOOL NURSE 19
BEFORE THE PERSONNEL ARE AUTHORI ZED TO ADMINISTER OR ASSIST WITH 20
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION. 21
(3) (2) A SCHOOL NURSE OR OTHER SCHOOL HEAL TH CARE 22
PRACTITIONER MAY SERVE AS ONE OF THE TRAINED SCHOOL P ERSONNEL 23
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION . 24
(3) IN ORDER TO AUTHORIZE SCHOOL PERSONNEL TO ADMINISTER 25
OR ASSIST IN THE ADM INISTRATION OF SEIZU RE MEDICATION , A NONPUBLIC 26
SCHOOL SHALL OBTAIN WRITTEN AUTHORIZATIO N FROM A PARENT OR G UARDIAN IN 27
ACCORDANCE WITH SUBS ECTION (G) OF THIS SECTION. 28
(E) (F) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED 29
WITH A SEIZURE DISOR DER SHALL COLLABORAT E WITH SCHOOL PERSON NEL TO 30
CREATE A SEIZURE ACT ION PLAN. 31
(2) THE DEPARTMENT , IN COLLABORATION WIT H THE MARYLAND 32
DEPARTMENT OF HEALTH, SHALL ENSURE : 33
SENATE BILL 299 5
(I) HEALTH GUIDELINES INCLUDE S EIZURE FIRST AID 1
PROCEDURES ; AND 2
(II) HEALTH PLANS INCLUDE SEIZURE ACTION PLANS . 3
(3) A COPY OF A SEIZURE AC TION PLAN SHALL BE : 4
(I) RETAINED IN THE OFFIC E OF THE SCHOOL NURS E OR AN 5
ADMINISTRATOR ; AND 6
(II) DISTRIBUTED TO ANY SCHOOL PERSONNEL OR VOLUNTEER 7
RESPONSIBLE FOR THE SUPERVISION OR CARE OF A STUDENT DIAGNOS ED WITH A 8
SEIZURE DISORDER . 9
(F) (G) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED 10
WITH A SEIZURE DISOR DER SHALL PROVIDE TH E SCHOOL WITH : 11
(I) A WRITTEN A UTHORIZATION FOR A T RAINED SCHOOL 12
EMPLOYEE TO ADMINIST ER OR ASSIST WITH AD MINISTERING SEIZURE MEDICATION 13
AT SCHOOL; 14
(II) THE PRESCRIBED MEDICA TION IN AN UNOPENED , SEALED 15
PACKAGE WITH THE LAB EL AFFIXED BY THE DI SPENSING PHARMACY IN TACT; AND 16
(III) A WRITTEN STATEMENT FR OM THE STUDENT ’S HEALTH 17
CARE PRACTITIONER TH AT INCLUDES: 18
1. THE STUDENT’S NAME; 19
2. THE NAME AND PURPOSE OF THE MEDICATION ; 20
3. THE PRESCRIBED DOSAGE ; 21
4. THE ROUTE OF ADMINIST RATION; 22
5. THE FREQUENCY THAT TH E MEDICATION MAY BE 23
ADMINISTERED ; AND 24
6. THE CIRCUMSTANCES UND ER WHICH THE 25
MEDICATION MAY BE AD MINISTERED. 26
(2) A WRITTEN AUTHORIZATIO N FOR THE ADMINISTRA TION OF A 27
SEIZURE RESCUE MEDIC ATION OR MEDICATION PRESCRIBED TO TREAT SEIZURE 28
DISORDER SYMPTOMS SHALL BE: 29 6 SENATE BILL 299
(I) EFFECTIVE FOR THE SCH OOL YEAR IN WHICH IT IS 1
SUBMITTED; AND 2
(II) RENEWED EACH SCHOOL Y EAR IF THE REQUIREME NTS OF 3
THIS SUBSECTION ARE FULFILLED. 4
(G) (H) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO AUTHORIZE 5
ANY PUBLIC SCHOOL PE RSONNEL TO ADMINISTER OR A SSIST IN 6
SELF–ADMINISTRATION OF ME DICATION FOR A SEIZU RE, UNLESS THE PERSONNEL : 7
(1) HAS COMPLETED THE PAI D PROFESSIONAL DEVEL OPMENT 8
TRAINING UNDER SUBSE CTION (B) OF THIS SECTION; AND 9
(2) IS AUTHORIZED THROUGH WRITTEN AUTHORIZATIO N UNDER 10
SUBSECTION (G) OF THIS SECTION TO A DMINISTER OR ASSIST IN 11
SELF–ADMINISTRATION OF ME DICATION. 12
(I) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, AN EMPLOYEE 13
OR OTHER SCHOOL PERS ONNEL WHO RESPONDS I N ACCORDANCE WITH THIS 14
SECTION AND IN GOOD FAITH TO A STUD ENT EXPERIENCING A S EIZURE OR SEIZURE 15
DISORDER SYMPTOMS IN ACCORDANCE WITH T HIS SECTION IN ACCORDANCE WITH 16
THIS SECTION IS IMMUNE FROM CIVIL LIABILITY FOR ANY AC T OR OMISSION IN THE 17
COURSE OF RESPONDI NG TO THE SITUATION . 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2022. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.