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5 | 5 | | 2025 -- S 0637 |
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6 | 6 | | ======== |
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7 | 7 | | LC001592 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS |
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16 | 16 | | Introduced By: Senators DiPalma, Zurier, and Murray |
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17 | 17 | | Date Introduced: March 07, 2025 |
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18 | 18 | | Referred To: Senate Education |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is 1 |
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23 | 23 | | hereby amended by adding thereto the following sections: 2 |
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24 | 24 | | 16-21-43. Seizure safe schools. 3 |
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25 | 25 | | (a) "Seizure action plan" means a standardized written, individualized health plan designed 4 |
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26 | 26 | | to acknowledge and prepare for the healthcare needs of a student diagnosed with a seizure disorder. 5 |
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27 | 27 | | The parent or guardian of each student diagnosed with a seizure disorder shall collaborate with 6 |
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28 | 28 | | their child's physician as well as the school nurse teacher to create an individualized seizure action 7 |
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29 | 29 | | plan. The seizure action plan shall include: 8 |
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30 | 30 | | (1) Assurance of access and administration of any medication prescribed to treat seizure 9 |
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31 | 31 | | disorder symptoms as approved by the United States Food and Drug Administration or any 10 |
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32 | 32 | | successor agency; and 11 |
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33 | 33 | | (2) Physician instructions in administering seizure medications, and manual vagus nerve 12 |
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34 | 34 | | stimulation, as well as the recognition of the signs and symptoms of seizures and the appropriate 13 |
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35 | 35 | | steps to be taken to respond to these symptoms 14 |
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36 | 36 | | (b) Prior to administering medication prescribed to treat seizure disorder symptoms, the 15 |
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37 | 37 | | student's parent or guardian shall: 16 |
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38 | 38 | | (1) Provide the school with a written authorization to administer the medication at school; 17 |
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39 | 39 | | (2) Provide a written statement from the student's healthcare practitioner, which shall 18 |
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40 | 40 | | contain the following information: 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001592 - Page 2 of 5 |
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44 | 44 | | (i) Student's name; 1 |
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45 | 45 | | (ii) The name and purpose of the medication; 2 |
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46 | 46 | | (iii) The prescribed dosage; 3 |
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47 | 47 | | (iv) The route of administration; 4 |
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48 | 48 | | (v) The frequency that the medication may be administered; and 5 |
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49 | 49 | | (vi) The circumstances under which the medication may be administered; and 6 |
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50 | 50 | | (3) Provide the prescribed medication to the school in its unopened, sealed package with 7 |
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51 | 51 | | the label affixed by the dispensing pharmacy intact. 8 |
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52 | 52 | | (c) The department of elementary and secondary education shall promulgate administrative 9 |
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53 | 53 | | regulations establishing procedures for the development and content of seizure action plans. 10 |
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54 | 54 | | 16-21-44. Requirements for administration of seizure rescue medications in a school 11 |
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55 | 55 | | setting. 12 |
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56 | 56 | | (a) The department of elementary and secondary education and the department of health 13 |
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57 | 57 | | shall incorporate into their policies, rules and regulations for administration of seizure rescue 14 |
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58 | 58 | | medications that are applied via nasal route to provide for the health and safety of children who 15 |
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59 | 59 | | have been medically identified as having epilepsy/seizure disorder. The policies, rules and 16 |
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60 | 60 | | regulations shall include procedures whereby: 17 |
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61 | 61 | | (1) A parent or legal guardian of any child may expressly authorize school employees or 18 |
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62 | 62 | | those employed on behalf of the school, for when there is no school nurse immediately available, 19 |
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63 | 63 | | to administer a United States Food and Drug Administration (FDA) approved seizure rescue 20 |
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64 | 64 | | medication on such child in case of an emergency, while at school or school sponsored activities. 21 |
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65 | 65 | | Any school employee or those employed on behalf of the school who are authorized to administer 22 |
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66 | 66 | | seizure rescue medications shall be trained in seizure first aid using the Epilepsy Foundation 23 |
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67 | 67 | | Seizure Training for School Personnel Program and American Heart Association or American Red 24 |
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68 | 68 | | Cross CPR certification; 25 |
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69 | 69 | | (2) The pre-dosed and pre-packaged seizure rescue medication shall be kept in a locked, 26 |
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70 | 70 | | secure, designated area, readily available; 27 |
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71 | 71 | | (3) Seizure rescue medication administration training may be provided by a licensed 28 |
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72 | 72 | | physician, physician assistant, advanced practiced registered nurse, or registered nurse; provided 29 |
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73 | 73 | | however, in no case shall school nurse teachers be required to provide training; and 30 |
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74 | 74 | | (4) The school administration shall allow staff to voluntarily assist with the emergency 31 |
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75 | 75 | | administration of a seizure rescue medication when authorized by a parent or legal guardian. 32 |
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76 | 76 | | (b) A school employee, including administrative staff, shall not be subject to penalty or 33 |
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77 | 77 | | disciplinary action for refusing to be trained in the administration of a seizure rescue medication. 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001592 - Page 3 of 5 |
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81 | 81 | | (c) A parent or legal guardian shall provide a seizure action plan or physician’s order, 1 |
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82 | 82 | | signed by the student's healthcare provider, that prescribes the care and assistance needed by the 2 |
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83 | 83 | | student including administration of seizure rescue medications. 3 |
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84 | 84 | | (d) The statements and seizure action plan required by this section shall be kept on file in 4 |
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85 | 85 | | the office of the school nurse and/or school administrator and with the individual authorized to 5 |
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86 | 86 | | administer the seizure rescue medication. 6 |
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87 | 87 | | (e) The seizure action plan required by this section shall be distributed to any school 7 |
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88 | 88 | | personnel or volunteers, identified in the seizure action plan, who is responsible for the supervision 8 |
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89 | 89 | | or care of the student with a seizure disorder. A student’s parent/guardian shall distribute the 9 |
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90 | 90 | | authorized seizure action plan required by this section to any non-school personnel identified in the 10 |
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91 | 91 | | seizure action plan, who is responsible for the supervision or care of the student with a seizure 11 |
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92 | 92 | | disorder. 12 |
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93 | 93 | | (f) The presence of a registered nurse employed full-time by a school who assumes 13 |
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94 | 94 | | responsibility for the administration of seizure medications, and the administration oversight of 14 |
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95 | 95 | | vagus nerve stimulation, shall fulfill the requirements of this section. 15 |
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96 | 96 | | (g)(1) Every public, private and parochial school or school district shall provide training to 16 |
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97 | 97 | | principals, guidance counselors, teachers, and other relevant school personnel with direct contact 17 |
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98 | 98 | | and supervision of children, including bus drivers and classroom aides, on the recognition of the 18 |
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99 | 99 | | signs and symptoms of seizures and the appropriate steps for seizure first aid. 19 |
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100 | 100 | | (2) Any training program or guideline adopted by any state agency for the training of school 20 |
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101 | 101 | | personnel in the healthcare needs of students diagnosed with a seizure disorder shall be fully 21 |
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102 | 102 | | consistent with training programs and guidelines developed by the Epilepsy Foundation of America 22 |
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103 | 103 | | or any successor organization. Notwithstanding any state agency requirement or other law to the 23 |
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104 | 104 | | contrary, for the purposes of this training, a local school district shall be permitted to use any 24 |
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105 | 105 | | adequate and appropriate training program or guidelines for training of school personnel in the 25 |
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106 | 106 | | seizure disorder care tasks covered under this section. 26 |
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107 | 107 | | (h) The permission for the administration of any of the medications listed under this section 27 |
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108 | 108 | | shall be effective for the school year in which it is granted and shall be renewed each following 28 |
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109 | 109 | | school year upon fulfilling the requirements of this section. 29 |
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110 | 110 | | (i) The requirements of this section shall apply only to schools that have a student enrolled 30 |
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111 | 111 | | who has a seizure disorder or has a seizure medication prescribed to treat seizure disorder symptoms 31 |
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112 | 112 | | approved by the FDA or any successor agency prescribed by the student's healthcare provider. 32 |
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113 | 113 | | (j) Every public, private and parochial school or school district shall provide an age-33 |
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114 | 114 | | appropriate seizure education program to all students on seizures and seizure disorders. The seizure 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001592 - Page 4 of 5 |
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118 | 118 | | education program shall be consistent with guidelines published by the Epilepsy Foundation of 1 |
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119 | 119 | | America or any successor organization. The department of elementary and secondary education 2 |
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120 | 120 | | shall promulgate administrative rules and regulations for the development and implementation of 3 |
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121 | 121 | | the seizure education program. 4 |
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122 | 122 | | (k) A school district, school district employee, or agent acting in good faith and in 5 |
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123 | 123 | | substantial compliance with the student's individual health plan, including a seizure action plan, 6 |
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124 | 124 | | and the instructions of the student's licensed healthcare professional, that provides assistance or 7 |
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125 | 125 | | services under this section shall not be liable for civil damages in their individual, marital, 8 |
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126 | 126 | | governmental, corporate, or other capacities as a result of the services provided under this section 9 |
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127 | 127 | | to students with epilepsy or seizure disorders. 10 |
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128 | 128 | | SECTION 2. This act shall take effect upon passage. 11 |
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129 | 129 | | ======== |
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130 | 130 | | LC001592 |
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131 | 131 | | ======== |
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132 | 132 | | |
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133 | 133 | | |
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134 | 134 | | LC001592 - Page 5 of 5 |
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135 | 135 | | EXPLANATION |
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136 | 136 | | BY THE LEGISLATIVE COUNCIL |
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137 | 137 | | OF |
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138 | 138 | | A N A C T |
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139 | 139 | | RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS |
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140 | 140 | | *** |
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141 | 141 | | This act would require the department of elementary and secondary education and the 1 |
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142 | 142 | | department of health to adopt policies, rules and regulations for the administration of seizure rescue 2 |
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143 | 143 | | medications administered via nasal route for students who have been medically identified as having 3 |
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144 | 144 | | epilepsy/seizure disorder. 4 |
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145 | 145 | | This act would take effect upon passage. 5 |
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146 | 146 | | ======== |
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147 | 147 | | LC001592 |
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