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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 128 By: Rader and Hicks of the
Senate
and
Lowe (Dick) of the House
An Act relating to schools; creating the Seizu re-Safe
Schools Act; providing short title; defining term;
requiring certain school employee to have certain
training by certain date; requiring school seizure
training programs and guidelines to meet certain
criteria; requiring written parent authorizatio n,
written statement and certain action plan prior to
administering certain medication; requiring school to
maintain certain records; providing applicability of
act; authorizing promulgation of rules; providing
exemption from certain disciplinary proceedin g;
providing for immunity from certain 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 1210.183 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”.
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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.
C. Beginning January 1, 2022, each school district board of
education shall have at least one s chool 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 prescribed to treat seizure
disorder symptoms as approved by the United Sta tes 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 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.
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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 adm inister
the medication at school;
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 medication to the school in its
unopened, sealed package with the label affixe d by the dispensing
pharmacy intact; and
4. Collaborate with school personnel to create a seizure action
plan.
F. The written authorization, written statement 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
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and shall be distributed to any school personnel or volunteers
responsible for the supervision or care of the student.
G. The written authorization for the administration of seizure
rescue medications prov ided for in subsection E of this section
shall be effective for the school year in which it is granted and
may be 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 other medication prescribed to treat
seizure disorder symptoms approved by the United States Food and
Drug Administration and any succ essor agency prescribed by the
student’s health care provider.
I. The State Board of Education may promulgate administrative
rules for the development and implementation of the seizure
education program and the procedures for the development and content
of seizure action plans.
J. 1. A school employee may not be subject to any disciplinary
proceeding resulting from an action taken in compliance with the
Seizure-Safe Schools Act. Any employee acting in accordance with
the provisions of this act shall be immune from civil liability
unless the actions of the employee rise to a level of reckless or
intentional misconduct.
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2. A school nurse shall not be responsible for and shall not be
subject to disciplinary action for actions performed by a volunteer.
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 whereof this act shall take effect and
be in full force from and after its passage and ap proval.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021
- DO PASS.