STATE OF NEW YORK ________________________________________________________________________ 3129 2023-2024 Regular Sessions IN SENATE January 27, 2023 ___________ Introduced by Sens. MANNION, ADDABBO, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion AN ACT to amend the education law, in relation to allowing for unli- censed personnel to administer seizure rescue medication The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 921 of the education law, as 2 amended by chapter 339 of the laws of 2021, is amended to read as 3 follows: 4 1. The board of education or trustees of each school district and 5 board of cooperative educational services and nonpublic schools are 6 authorized, but not obligated to have licensed registered professional 7 nurses, nurse practitioners, physician assistants, and physicians train 8 unlicensed school personnel to administer prescribed glucagon or 9 epinephrine auto injectors, or administer diazepam or midazolam nasal 10 spray in emergency situations, where an appropriately licensed health 11 professional is not available, to pupils who have the written permission 12 of a physician or other duly authorized health care provider for the 13 administration of glucagon [or], emergency epinephrine auto injector, or 14 diazepam or midazolam nasal spray, along with written parental consent, 15 during the school day on school property and at any school function as 16 such terms are defined, respectively, by subdivisions one and two of 17 section eleven of this chapter. Training must be provided by a physician 18 or other duly authorized licensed health care professional in a compe- 19 tent manner and must be completed in a form and manner prescribed by the 20 commissioner in regulation. 21 § 2. The education law is amended by adding two new sections 902-c and 22 916-c to read as follows: 23 § 902-c. Treatment of students diagnosed with epilepsy by school 24 personnel. 1. Licensed nurses, nurse practitioners, physician assist- 25 ants, or physicians employed by school districts or boards of cooper- 26 ative educational services shall be authorized to administer prescribed 27 diazepam or midazolam nasal spray, to teach an unlicensed person to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04894-01-3
S. 3129 2 1 administer a diazepam or midazolam nasal spray to an individual, and to 2 perform other authorized services pursuant to the scope of practice of 3 the licensed individual under title eight of this chapter, to pupils who 4 have received written permission by a physician or other licensed health 5 care provider and written parental consent to carry and use a diazepam 6 or midazolam nasal spray pursuant to section nine hundred sixteen-c of 7 this article during the school day on school property and at any school 8 function. Nothing in this section shall authorize unlicensed persons to 9 perform these services except as otherwise permitted by section nine 10 hundred twenty-one of this article. 11 2. A school district, board of cooperative educational services and/or 12 their agents or employees shall incur no legal or financial liability as 13 a result of any harm or injury sustained by a pupil or other person 14 caused by reasonable and good faith compliance with this section. 15 § 916-c. Pupils with epilepsy. 1. The board of education or trustees 16 of each school district and board of cooperative educational services 17 shall allow pupils who have been diagnosed by a physician or other duly 18 authorized health care provider with epilepsy to carry and use a 19 prescribed nasal spray for the emergency treatment of seizures during 20 the school day on school property and at any school function with the 21 written permission of a physician or other duly authorized health care 22 provider, and written parental consent. The written permission shall 23 include an attestation by such physician or health care provider 24 confirming: (a) the pupil's diagnosis of epilepsy for which a diazepam 25 or midazolam nasal spray is needed; and (b) that the pupil has demon- 26 strated that he or she can self-administer the prescribed diazepam or 27 midazolam nasal spray effectively. Such written permission shall also 28 include the circumstances which may warrant the use of a diazepam or 29 midazolam nasal spray. A record of such consent and permission shall be 30 maintained in the student's cumulative health record. In addition, upon 31 the written request of a parent or person in parental relation, the 32 board of education or trustees of a school district and board of coop- 33 erative educational services shall allow such pupils to maintain an 34 extra diazepam or midazolam nasal spray for the emergency treatment of 35 seizures in the care and custody of a licensed nurse, nurse practition- 36 er, physician assistant, or physician employed by such district or board 37 of cooperative educational services, and shall be readily accessible to 38 such pupil. Nothing in this section shall require a school district or 39 board of cooperative educational services to retain a licensed nurse, 40 nurse practitioner, physician assistant, or physician solely for the 41 purpose of taking custody of a spare diazepam or midazolam nasal spray 42 for the emergency treatment of seizures, or require that a licensed 43 nurse, nurse practitioner, physician assistant, or physician be avail- 44 able at all times in a school building for taking custody of the diazep- 45 am or midazolam nasal spray. In addition, the diazepam or midazolam 46 nasal spray provided by the pupil's parents or persons in parental 47 relation will be made available to the pupil as needed in accordance 48 with the school district's or board of cooperative educational services' 49 policy and the orders prescribed in the written permission of the physi- 50 cian or other authorized health care provider. 51 2. A school district, board of cooperative educational services and/or 52 their agents or employees shall incur no legal or financial liability as 53 a result of any harm or injury sustained by a pupil or other person 54 caused by reasonable and good faith compliance with this section. 55 § 3. This act shall take effect immediately.