Rhode Island 2023 Regular Session

Rhode Island House Bill H5856 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5856
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7	7	LC002008
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- SEIZURE SAFE SCHOOLS ACT
16	16	Introduced By: Representatives Fogarty, Cortvriend, Tanzi, Shallcross Smith, Donovan,
17	17	Boylan, Handy, Hull, Caldwell, and Henries
18	18	Date Introduced: March 01, 2023
19	19	Referred To: House Education
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is 1
24	24	hereby amended by adding thereto the following sections: 2
25	25	16-21-42. Seizure safe schools. 3
26	26	(a) "Seizure action plan" means a written, individualized health plan designed to 4
27	27	acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder. 5
28	28	The parent or guardian of each student diagnosed with a seizure disorder shall collaborate with 6
29	29	school personnel to create a seizure action plan. The seizure action plan shall include: 7
30	30	(1) Assurance of access and administration of any medication prescribed to treat seizure 8
31	31	disorder symptoms as approved by the United States Food and Drug Administration or any 9
32	32	successor agency; and 10
33	33	(2) Physician instructions in administering seizure medications, and manual vagus nerve 11
34	34	stimulation, as well as the recognition of the signs and symptoms of seizures and the appropriate 12
35	35	steps to be taken to respond to these symptoms. 13
36	36	(b) Prior to administering medication prescribed to treat seizure disorder symptoms, the 14
37	37	student's parent or guardian shall: 15
38	38	(1) Provide the school with a written authorization to administer the medication at school; 16
39	39	(2) Provide a written statement from the student's health care practitioner, which shall 17
40	40	contain the following information: 18
41	41	(i) Student's name; 19
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43	43
44	44	LC002008 - Page 2 of 5
45	45	(ii) The name and purpose of the medication; 1
46	46	(iii) The prescribed dosage; 2
47	47	(iv) The route of administration; 3
48	48	(v) The frequency that the medication may be administered; and 4
49	49	(vi) The circumstances under which the medication may be administered; and 5
50	50	(3) Provide the prescribed medication to the school in its unopened, sealed package with 6
51	51	the label affixed by the dispensing pharmacy intact. The department of elementary and secondary 7
52	52	education shall promulgate administrative regulations establishing procedures for the development 8
53	53	and content of seizure action plans. 9
54	54	16-21-43. Requirements for administration of seizure rescue medications in a school 10
55	55	setting. 11
56	56	(a) The department of elementary and secondary education and the department of health 12
57	57	shall incorporate into their policies, rules and regulations for administration of seizure rescue 13
58	58	medications to provide for the health and safety of children who have been medically identified as 14
59	59	having epilepsy/seizure disorder. The policies, rules and regulations shall include procedures 15
60	60	whereby: 16
61	61	(1) A parent or legal guardian of any child may expressly authorize school employees or 17
62	62	those employed on behalf of the school, for when there is no school nurse immediately available, 18
63	63	to administer a United States Food and Drug Administration (FDA) approved seizure rescue 19
64	64	medication on such child in case of an emergency, while at school or school sponsored activities; 20
65	65	(2) The seizure rescue medication shall be kept in a secure, designated area, readily 21
66	66	available; and 22
67	67	(3) Seizure rescue medication administration training may be provided by a licensed 23
68	68	physician, physician assistant, advanced practiced registered nurse, or registered nurse; however, 24
69	69	in no case shall school nurse teachers be required to provide training; and the school administration 25
70	70	shall allow staff to voluntarily assist with the emergency administration of a seizure rescue 26
71	71	medication when authorized by a parent or legal guardian. 27
72	72	(b) A school employee, including administrative staff, shall not be subject to penalty or 28
73	73	disciplinary action for refusing to be trained in administration of a seizure rescue medication. 29
74	74	(c) A parent or legal guardian shall provide a seizure action plan or physician’s order, 30
75	75	signed by the student's health care provider, that prescribes the care and assistance needed by the 31
76	76	student including administration of seizure rescue medications. 32
77	77	(d) The statements and seizure action plan required by this section shall be kept on file in 33
78	78	the office of the school nurse and/or school administrator. 34
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82	82	(e) The seizure action plan required by this section shall be distributed to any school 1
83	83	personnel or volunteers, identified in the seizure action plan, who is responsible for the supervision 2
84	84	or care of the student with a seizure disorder. A student’s parent/guardian shall distribute the 3
85	85	authorized seizure action plan required by this section to any non-school personnel identified in the 4
86	86	seizure action plan, who is responsible for the supervision or care of the student with a seizure 5
87	87	disorder. 6
88	88	(4) The presence of a registered nurse employed full-time by a school who assumes 7
89	89	responsibility for the administration of seizure medications, and the administration oversight of 8
90	90	vagus nerve stimulation, shall fulfill the requirements of this section. 9
91	91	(5) Every public, private and parochial school or school district shall provide training to 10
92	92	principals, guidance counselors, teachers, and other relevant school personnel with direct contact 11
93	93	and supervision of children, including bus drivers and classroom aides, on the recognition of the 12
94	94	signs and symptoms of seizures and the appropriate steps for seizure first aid. 13
95	95	(6) Any training program or guideline adopted by any state agency for the training of school 14
96	96	personnel in the health care needs of students diagnosed with a seizure disorder shall be fully 15
97	97	consistent with training programs and guidelines developed by the Epilepsy Foundation of America 16
98	98	or any successor organization. Notwithstanding any state agency requirement or other law to the 17
99	99	contrary, for the purposes of this training a local school district shall be permitted to use any 18
100	100	adequate and appropriate training program or guidelines for training of school personnel in the 19
101	101	seizure disorder care tasks covered under this section. 20
102	102	(f) The permission for the administration of any of the medications listed under this section 21
103	103	shall be effective for the school year in which it is granted and shall be renewed each following 22
104	104	school year upon fulfilling the requirements of this section. 23
105	105	(g) The requirements of this section shall apply only to schools that have a student enrolled 24
106	106	who has a seizure disorder or has a seizure medication prescribed to treat seizure disorder symptoms 25
107	107	approved by the FDA or any successor agency prescribed by the student's health care provider. 26
108	108	(h) Every public, private and parochial school or school district shall provide an age-27
109	109	appropriate seizure education program to all students on seizures and seizure disorders. The seizure 28
110	110	education program shall be consistent with guidelines published by the Epilepsy Foundation of 29
111	111	America or any successor organization. The department of elementary and secondary education 30
112	112	shall promulgate administrative regulations for the development and implementation of the seizure 31
113	113	education program. 32
114	114	(i) A school district, school district employee, or agent acting in good faith and in 33
115	115	substantial compliance with the student's individual health plan, including a seizure action plan, 34
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119	119	and the instructions of the student's licensed health care professional, that provides assistance or 1
120	120	services under this section shall not be liable for civil damages in his or her individual, marital, 2
121	121	governmental, corporate, or other capacities as a result of the services provided under this section 3
122	122	to students with epilepsy or seizure disorders. 4
123	123	SECTION 2. This act shall take effect upon passage. 5
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130	130	EXPLANATION
131	131	BY THE LEGISLATIVE COUNCIL
132	132	OF
133	133	A N A C T
134	134	RELATING TO EDUCATION -- SEIZURE SAFE SCHOOLS ACT
135	135	***
136	136	This act would require the department of elementary and secondary education and the 1
137	137	department of health to adopt policies, rules and regulations for the administration of seizure rescue 2
138	138	medications for children who have been medically identified as having epilepsy/seizure disorder. 3
139	139	This act would take effect upon passage. 4
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141	141	LC002008
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