LAWRENCE J. HOGAN, JR., Governor Ch. 78
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Chapter 78
(Senate Bill 299)
AN ACT concerning
Education – Public and Nonpublic Schools – Seizure Action Plans
(Brynleigh’s Act)
FOR the purpose of requiring a county board of education and authorizing a nonpublic
school, beginning in a certain school year, to require a certain number of school
personnel at the school to be trained in certain seizure recognition and response
methods; requiring a public school, beginning in a certain school year, to provide
online or in–person training require certain school personnel to make a certain
presentation with a certain frequency to school personnel with direct contact and
supervision of students on certain seizure recognition and response methods;
requiring the State Department of Education and the Maryland Department of
Health, in consultation with a certain entity and stakeholders, to develop guidelines
and a training program for certain school personnel on the health care needs of a
student diagnosed with a seizure disorder; requiring the parent or guardian of a
student diagnosed with a seizure disorder to collaborate with school personnel to
create a seizure action plan and provide the school with certain information;
requiring the State Department of Education, in collaboration with the Maryland
Department of Health, to ensure health guidelines include certain information on
seizures; and generally relating to responding to seizure symptoms and emergencies
in schools in the State.
BY adding to
Article – Education
Section 7–450
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
7–450.
(A) IN THIS SECTION , “SEIZURE ACTION PLAN ” MEANS A WRITTEN
INDIVIDUALIZED HEALT H PLAN DESIGNED TO A CKNOWLE DGE AND PREPARE FOR
THE HEALTH CARE NEED S OF A STUDENT DIAGN OSED WITH A SEIZURE DISORDER.
(B) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A COUNTY BOARD
SHALL REQUIRE AT LEA ST TWO SCHOOL PERSON NEL AT EACH PUBLIC S CHOOL TO Ch. 78 2022 LAWS OF MARYLAND
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BE TRAINED, SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TO COMPLETE A
PAID PROFESSIONAL DE VELOPMENT TRAINING , ADMINISTERED ONLINE OR
IN–PERSON, IN:
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE;
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A
SEIZURE; AND
(III) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION ,
ADMINISTERING ADMINISTERING IF WRITTEN AUTHORIZAT ION IS GIVEN BY A
PARENT OR GUARDIAN U NDER SUBSECTION (G) OF THIS SECTION , ADMINISTERING
OR ASSISTING WITH TH E SELF–ADMINISTRATION OF A SEIZURE RESCUE
MEDICATION, MEDICATION PRESCRIBE D TO TREAT SEIZURE D ISORDER SYMPTOMS
APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION , AND MANUAL VAGUS
NERVE STIMULATION .
(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE S CHOOL NURSE
BEFORE THE PERSONNEL ARE AUTHORIZED TO ADMINI STER OR ASSIST WITH
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION.
(3) (I) A SCHOOL NURSE MAY, CERTIFIED NURSING AS SISTANT, OR
CERTIFIED MEDICATION TECHNICIAN SHALL SERVE AS ONE OF THE TRAINED
SCHOOL PERSONNEL REQ UIRED UNDER PARAGRAPH (1) OF THIS SUBSECTION .
(II) AN INDIVIDUAL DESIGNATED WHO IS RECOMMENDED BY
THE SCHOOL NURSE OR OTHER SCHOOL HEALTH PRACTITIONER OR A VOLUNTEER
AND WHO VOLUNTEERS MAY SERVE AS ONE OF THE TRAINED SCHOOL P ERSONNEL
UNDER PARAGRAPH (1) OF THIS SUBSECTION.
(4) (3) THE TRAINING REQUIRED UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY COUNT TOWARD THE RENEWAL O F A PROFESSIONAL CER TIFICATE
ISSUED BY THE DEPARTMENT .
(C) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A PUBLIC SCHOOL
SHALL PROVIDE ONLINE OR IN–PERSON TRAINING EVER Y 2 YEARS TO
ADMINISTRATORS , FACULTY, THERAPISTS, GUIDANCE COUNSELORS , CLASSROOM
AIDES, BUS DRIVERS , CONTRACTED EMPLOYEES , AND ANY OTHER SCHOOL
PERSONNEL WITH DIREC T CONTACT AND SUPERV ISION OF STUDENTS ON REQUIRE
AN INDIVIDUAL TRAINE D UNDER SUBSECTION (B) OF THIS SECTION TO P RESENT,
EVERY 2 YEARS, TO ALL SCHOOL PERSON NEL WHO HAVE DIRECT CONTACT AND
SUPERVISION OF STUDE NTS AN ABRIDGED VERS ION OF THE BEST PRAC TICES FOR LAWRENCE J. HOGAN, JR., Governor Ch. 78
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SEIZURE RESPONSE , BASED ON THE SCHOOL HEALTH SERVICES GUIDEL INES
DEVELOPED UNDER SUBS ECTION (D) OF THIS SECTION, INCLUDING:
(I) RECOGNIZING THE SIGNS AND SYMPTOMS OF A SE IZURE;
AND
(II) PROCEDURES FOR NOTIFY ING THE SCHOOL PERSO NNEL
TRAINED IN ADMINISTE RING FIRST AID FOR A SEIZURE.
(2) SCHOOL PERSONNEL SHAL L ATTEND THE PRESENT ATION
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION D URING PROFESSIONAL
DEVELOPMENT , A PRESERVICE MEETING , OR A STAFF MEETING .
(3) A COUNTY BOARD IS ENCO URAGED TO PROVIDE TO SCHOOL BUS
DRIVERS AND SCHOOL B US AIDES:
(I) THE PRESENTATION REQU IRED UNDER PARAGRAPH (1) OF
THIS SUBSECTION DURI NG THEIR WORK HOURS ; OR
(II) THE INFORMATION FROM THE PRESENTATION REQ UIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION .
(2) (D) THE DEPARTMENT AND THE MARYLAND DEPARTMENT OF
HEALTH, IN CONSULTATION WITH THE EPILEPSY FOUNDATION OF AMERICA AND
OTHER INTERESTED STA KEHOLDERS , SHALL DEVELOP SCHOOL HEALTH SERVIC ES
GUIDELINES AND A TRA INING PROGRAM FOR THE SCHOOL PERSONNEL UNDER
SUBSECTION (B) OF THIS SECTION ON THE HEALTH CARE NEEDS MANAGEMENT OF
A STUDENT DIAGNOSED WITH A SEIZURE DISOR DER.
(D) (E) (1) BEGINNING IN THE 2023–2024 SCHOOL YEAR , A NONPUBLIC
SCHOOL MAY REQUIRE A T LEAST TWO SCHOOL P ERSONNEL TO BE TRAIN ED IN:
(I) RECOGNIZING THE SIGNS AND SYM PTOMS OF A SEIZURE ;
(II) APPROPRIATE STEPS FOR ADMINISTERING FIRST AID FOR A
SEIZURE; AND
(III) ADMINISTERING SUBJECT TO PARAGRAPH (3) OF THIS
SUBSECTION, ADMINISTERING OR ASSISTING WITH TH E SELF–ADMINISTRATION OF
A SEIZURE RESCUE MEDICATION , MEDICATION PRESCRIBE D TO TREAT SEIZURE
DISORDER SYMPTOMS AP PROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION ,
AND MANUAL VAGUS NER VE STIMULATION .
Ch. 78 2022 LAWS OF MARYLAND
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(2) SCHOOL PERSONNEL MUST BE APPROVED BY THE S CHOOL NURSE
BEFORE THE PERSONNEL ARE AUTHORI ZED TO ADMINISTER OR ASSIST WITH
SELF–ADMINISTRATION OF A SEIZURE RESCUE MEDIC ATION.
(3) (2) A SCHOOL NURSE OR OTHER SCHOOL HEAL TH CARE
PRACTITIONER MAY SERVE AS ONE OF THE TRAINED SCHOOL P ERSONNEL
REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION .
(3) IN ORDER TO AUTHORIZE SCHOOL PERSONNEL TO ADMINISTER
OR ASSIST IN THE ADM INISTRATION OF SEIZU RE MEDICATION , A NONPUBLIC
SCHOOL SHALL OBTAIN WRITTEN AUTHORIZATIO N FROM A PARENT OR G UARDIAN IN
ACCORDANCE WITH SUBS ECTION (G) OF THIS SECTION.
(E) (F) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED
WITH A SEIZURE DISOR DER SHALL COLLABORAT E WITH SCHOOL PERSON NEL TO
CREATE A SEIZURE ACT ION PLAN.
(2) THE DEPARTMENT , IN COLLABORATION WIT H THE MARYLAND
DEPARTMENT OF HEALTH, SHALL ENSURE :
(I) HEALTH GUID ELINES INCLUDE SEIZU RE FIRST AID
PROCEDURES ; AND
(II) HEALTH PLANS INCLUDE SEIZURE ACTION PLANS .
(3) A COPY OF A SEIZURE AC TION PLAN SHALL BE :
(I) RETAINED IN THE OFFIC E OF THE SCHOOL NURS E OR AN
ADMINISTRATOR ; AND
(II) DISTRIBUTED TO ANY SCHOOL PERSONNEL OR VOLUNTEER
RESPONSIBLE FOR THE SUPERVISION OR CARE OF A STUDENT DIAGNOS ED WITH A
SEIZURE DISORDER .
(F) (G) (1) THE PARENT OR GUARDIA N OF A STUDENT DIAGN OSED
WITH A SEIZURE DISOR DER SHALL PROVIDE TH E SCHOOL WITH :
(I) A WRITTEN AUTHO RIZATION FOR A TRAIN ED SCHOOL
EMPLOYEE TO ADMINIST ER OR ASSIST WITH AD MINISTERING SEIZURE MEDICATION
AT SCHOOL;
(II) THE PRESCRIBED MEDICA TION IN AN UNOPENED , SEALED
PACKAGE WITH THE LAB EL AFFIXED BY THE DI SPENSING PHARMACY IN TACT; AND LAWRENCE J. HOGAN, JR., Governor Ch. 78
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(III) A WRITTEN STATEMENT FR OM THE STUDENT ’S HEALTH
CARE PRACTITIONER TH AT INCLUDES:
1. THE STUDENT’S NAME;
2. THE NAME AND PURPOSE OF THE MEDICATION ;
3. THE PRESCRIBED DOSAGE ;
4. THE ROUTE OF ADMINIST RATION;
5. THE FREQUENCY THAT TH E MEDICATION MAY BE
ADMINISTERED ; AND
6. THE CIRCUMSTANCES UND ER WHICH THE
MEDICATION MAY BE AD MINISTERED.
(2) A WRITTEN AUTHORIZATIO N FOR THE ADMINISTRA TION OF A
SEIZURE RESCUE MEDIC ATION OR MEDICATION PRESCRIBED TO TREAT SEIZURE
DISORDER SYMPTOMS S HALL BE:
(I) EFFECTIVE FOR THE SCH OOL YEAR IN WHICH IT IS
SUBMITTED; AND
(II) RENEWED EACH SCHOOL Y EAR IF THE REQUIREME NTS OF
THIS SUBSECTION ARE FULFILLED.
(G) (H) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO AUTHORIZE
ANY PUBLIC SCHOOL PE RSONNEL TO ADMINISTER OR ASS IST IN
SELF–ADMINISTRATION OF ME DICATION FOR A SEIZU RE, UNLESS THE PERSONNEL :
(1) HAS COMPLETED THE PAI D PROFESSIONAL DEVEL OPMENT
TRAINING UNDER SUBSE CTION (B) OF THIS SECTION; AND
(2) IS AUTHORIZED THROUGH WRITTEN AUTHORIZATIO N UNDER
SUBSECTION (G) OF THIS SECTION TO A DMINISTER OR ASSIST IN
SELF–ADMINISTRATION OF ME DICATION.
(I) EXCEPT FOR ANY WILLFU L OR GROSSLY NEGLIGE NT ACT, AN EMPLOYEE
OR OTHER SCHOOL PERS ONNEL WHO RESPONDS I N ACCORDANCE WITH THIS
SECTION AND IN GOOD FAITH TO A STUD ENT EXPERIENCING A S EIZURE OR SEIZURE
DISORDER SYMPTOMS IN ACCORDANCE WITH T HIS SECTION IN ACCORDANCE WITH Ch. 78 2022 LAWS OF MARYLAND
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THIS SECTION IS IMMUNE FROM CIVIL LIABILITY FOR ANY AC T OR OMISSION IN THE
COURSE OF RESPONDI NG TO THE SITUATION .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, April 12, 2022.