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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2662 By: Echols
AS INTRODUCED
An Act relating to schools; creating the Seizure -Safe
Schools Act; defining term; requiring school employee
to have certain training; req uiring school seizure
training programs and guidelines meet certain
criteria; requiring written parent authorization and
plan for administration of certain medication;
requiring school to maintain certain records;
providing applicability of act; requiring schools to
provide certain education programs; authorizing
promulgation of rules; limiting liability; providing
for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1210.185 of Title 70, unless
there is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Seizure -
Safe Schools Act".
B. As used in the Seizure -Safe Schools Act, "seizure action
plan" means a written, individualized health plan designed to
acknowledge and prepare for the health care needs of a student
diagnosed with a seizure disorder.
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C. Beginning January 1, 2021, the board of each local public
school district shall have at least one school employee at each
school who has met the training requirements necessary to:
1. Administer or assist with the self -administration of a
seizure rescue medication or medication prescri bed to treat seizure
disorder symptoms as approved by the United States Food and Drug
Administration and any successor agency; and
2. Recognize the signs and symptoms of seizures and the
appropriate steps to be taken to respond to these symptoms.
D. Any training programs or guidelines adopted by any state
agency for the training of school personnel in the health care needs
of any student diagnosed with a seizure disorder shall be fully
consistent with training programs and guidelines developed by the
Epilepsy Foundation of America and any successor organization.
Notwithstanding any state agency requirement or other law to the
contrary, for the purposes of this training, a local school district
shall be permitted to use any adequate and appropriate training
programs or guidelines for training of school personnel in the
seizure disorder care tasks covered under this section.
E. Before a seizure rescue medication can be administered to a
student to treat seizure disorder symptoms, the student's parent or
legal guardian shall:
1. Provide the school with written authorization to administer
the medication at school;
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2. Provide a written statement from the student's health care
provider that shall contain the following information:
a. the student's name,
b. the name and purpose of the medication,
c. the prescribed dosage,
d. the route of administration,
e. the frequency that the medication may be administered,
and
f. the circumstances under which the medication may be
administered;
3. Provide the prescribed medi cation to the school in its
unopened, sealed package with the label affixed by the dispensing
pharmacy intact; and
4. Collaborate with school personnel to create a seizure action
plan.
F. The statements and seizure action plan required in
subsection E of this section shall be kept on file in the office of
the school nurse or school administrator and shall be distributed to
any school personnel or volunteers responsible for the supervision
or care of the student.
G. The authorization for the administratio n of seizure rescue
medications provided in subsection E of this section shall be
effective for the school year in which it is granted and may be
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renewed each following school year upon fulfilling the requirements
of subsections E and F of this section.
H. The Seizure-Safe Schools Act shall apply only to a school
that has a student enrolled who has a seizure disorder and has a
seizure rescue medication or medication prescribed to treat seizure
disorder symptoms approved by the United States Food and Drug
Administration and any successor agency prescribed by the student's
health care provider.
I. Every public school shall provide an age -appropriate seizure
education program to all students on seizures and seizure disorders.
The seizure education program sha ll be consistent with guidelines
published by the Epilepsy Foundation of America and any successor
organization. The State Board of Education may promulgate
administrative rules for the development and implementation of the
seizure education program and t he procedures for the development and
content of seizure action plans.
J. A school district, school district employee or agent acting
in good faith and in substantial compliance with the student's
individual health plan and the instructions of the student 's
licensed health care professional that provides assistance or
services under this act shall not be liable in any criminal action
or for civil damages in his or her individual or marital or
governmental or corporate or other capacities as a result of the
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services provided under this act to students with epilepsy or
seizure disorders.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whe reof this act shall take effect and
be in full force from and after its passage and approval.
58-1-6110 AMM 01/11/21