Rhode Island 2025 Regular Session

Rhode Island House Bill H5491 Compare Versions

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

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5	5	2025 -- H 5491
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7	7	LC001557
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
16	16	Introduced By: Representatives Fogarty, Carson, Shallcross Smith, Tanzi, Bennett,
17	17	Dawson, Cortvriend, Noret, Kazarian, and Donovan
18	18	Date Introduced: February 13, 2025
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	16-21-43. Seizure safe schools. 3
26	26	(a) "Seizure action plan" means a standardized written, individualized health plan designed 4
27	27	to acknowledge and prepare for the healthcare 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	their child's physician as well as the school nurse teacher to create an individualized seizure action 7
30	30	plan. The seizure action plan shall include: 8
31	31	(1) Assurance of access and administration of any medication prescribed to treat seizure 9
32	32	disorder symptoms as approved by the United States Food and Drug Administration or any 10
33	33	successor agency; and 11
34	34	(2) Physician instructions in administering seizure medications, and manual vagus nerve 12
35	35	stimulation, as well as the recognition of the signs and symptoms of seizures and the appropriate 13
36	36	steps to be taken to respond to these symptoms 14
37	37	(b) Prior to administering medication prescribed to treat seizure disorder symptoms, the 15
38	38	student's parent or guardian shall: 16
39	39	(1) Provide the school with a written authorization to administer the medication at school; 17
40	40	(2) Provide a written statement from the student's healthcare practitioner, which shall 18
41	41	contain the following information: 19
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43	43
44	44	LC001557 - Page 2 of 5
45	45	(i) Student's name; 1
46	46	(ii) The name and purpose of the medication; 2
47	47	(iii) The prescribed dosage; 3
48	48	(iv) The route of administration; 4
49	49	(v) The frequency that the medication may be administered; and 5
50	50	(vi) The circumstances under which the medication may be administered; and 6
51	51	(3) Provide the prescribed medication to the school in its unopened, sealed package with 7
52	52	the label affixed by the dispensing pharmacy intact. 8
53	53	(c) The department of elementary and secondary education shall promulgate administrative 9
54	54	regulations establishing procedures for the development and content of seizure action plans. 10
55	55	16-21-44. Requirements for administration of seizure rescue medications in a school 11
56	56	setting. 12
57	57	(a) The department of elementary and secondary education and the department of health 13
58	58	shall incorporate into their policies, rules and regulations for administration of seizure rescue 14
59	59	medications that are applied via nasal route to provide for the health and safety of children who 15
60	60	have been medically identified as having epilepsy/seizure disorder. The policies, rules and 16
61	61	regulations shall include procedures whereby: 17
62	62	(1) A parent or legal guardian of any child may expressly authorize school employees or 18
63	63	those employed on behalf of the school, for when there is no school nurse immediately available, 19
64	64	to administer a United States Food and Drug Administration (FDA) approved seizure rescue 20
65	65	medication on such child in case of an emergency, while at school or school sponsored activities. 21
66	66	Any school employee or those employed on behalf of the school who are authorized to administer 22
67	67	seizure rescue medications shall be trained in seizure first aid using the Epilepsy Foundation 23
68	68	Seizure Training for School Personnel Program and American Heart Association or American Red 24
69	69	Cross CPR certification; 25
70	70	(2) The pre-dosed and pre-packaged seizure rescue medication shall be kept in a locked, 26
71	71	secure, designated area, readily available; 27
72	72	(3) Seizure rescue medication administration training may be provided by a licensed 28
73	73	physician, physician assistant, advanced practiced registered nurse, or registered nurse; provided 29
74	74	however, in no case shall school nurse teachers be required to provide training; and 30
75	75	(4) The school administration shall allow staff to voluntarily assist with the emergency 31
76	76	administration of a seizure rescue medication when authorized by a parent or legal guardian. 32
77	77	(b) A school employee, including administrative staff, shall not be subject to penalty or 33
78	78	disciplinary action for refusing to be trained in the administration of a seizure rescue medication. 34
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82	82	(c) A parent or legal guardian shall provide a seizure action plan or physician’s order, 1
83	83	signed by the student's healthcare provider, that prescribes the care and assistance needed by the 2
84	84	student including administration of seizure rescue medications. 3
85	85	(d) The statements and seizure action plan required by this section shall be kept on file in 4
86	86	the office of the school nurse and/or school administrator and with the individual authorized to 5
87	87	administer the seizure rescue medication. 6
88	88	(e) The seizure action plan required by this section shall be distributed to any school 7
89	89	personnel or volunteers, identified in the seizure action plan, who is responsible for the supervision 8
90	90	or care of the student with a seizure disorder. A student’s parent/guardian shall distribute the 9
91	91	authorized seizure action plan required by this section to any non-school personnel identified in the 10
92	92	seizure action plan, who is responsible for the supervision or care of the student with a seizure 11
93	93	disorder. 12
94	94	(f) The presence of a registered nurse employed full-time by a school who assumes 13
95	95	responsibility for the administration of seizure medications, and the administration oversight of 14
96	96	vagus nerve stimulation, shall fulfill the requirements of this section. 15
97	97	(g)(1) Every public, private and parochial school or school district shall provide training to 16
98	98	principals, guidance counselors, teachers, and other relevant school personnel with direct contact 17
99	99	and supervision of children, including bus drivers and classroom aides, on the recognition of the 18
100	100	signs and symptoms of seizures and the appropriate steps for seizure first aid. 19
101	101	(2) Any training program or guideline adopted by any state agency for the training of school 20
102	102	personnel in the healthcare needs of students diagnosed with a seizure disorder shall be fully 21
103	103	consistent with training programs and guidelines developed by the Epilepsy Foundation of America 22
104	104	or any successor organization. Notwithstanding any state agency requirement or other law to the 23
105	105	contrary, for the purposes of this training, a local school district shall be permitted to use any 24
106	106	adequate and appropriate training program or guidelines for training of school personnel in the 25
107	107	seizure disorder care tasks covered under this section. 26
108	108	(h) The permission for the administration of any of the medications listed under this section 27
109	109	shall be effective for the school year in which it is granted and shall be renewed each following 28
110	110	school year upon fulfilling the requirements of this section. 29
111	111	(i) The requirements of this section shall apply only to schools that have a student enrolled 30
112	112	who has a seizure disorder or has a seizure medication prescribed to treat seizure disorder symptoms 31
113	113	approved by the FDA or any successor agency prescribed by the student's healthcare provider. 32
114	114	(j) Every public, private and parochial school or school district shall provide an age-33
115	115	appropriate seizure education program to all students on seizures and seizure disorders. The seizure 34
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119	119	education program shall be consistent with guidelines published by the Epilepsy Foundation of 1
120	120	America or any successor organization. The department of elementary and secondary education 2
121	121	shall promulgate administrative rules and regulations for the development and implementation of 3
122	122	the seizure education program. 4
123	123	(k) A school district, school district employee, or agent acting in good faith and in 5
124	124	substantial compliance with the student's individual health plan, including a seizure action plan, 6
125	125	and the instructions of the student's licensed healthcare professional, that provides assistance or 7
126	126	services under this section shall not be liable for civil damages in their individual, marital, 8
127	127	governmental, corporate, or other capacities as a result of the services provided under this section 9
128	128	to students with epilepsy or seizure disorders. 10
129	129	SECTION 2. This act shall take effect upon passage. 11
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131	131	LC001557
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136	136	EXPLANATION
137	137	BY THE LEGISLATIVE COUNCIL
138	138	OF
139	139	A N A C T
140	140	RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
141	141	***
142	142	This act would require the department of elementary and secondary education and the 1
143	143	department of health to adopt policies, rules and regulations for the administration of seizure rescue 2
144	144	medications administered via nasal route for students who have been medically identified as having 3
145	145	epilepsy/seizure disorder. 4
146	146	This act would take effect upon passage. 5
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148	148	LC001557
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