Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0637 Compare Versions

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55 2025 -- S 0637
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
1616 Introduced By: Senators DiPalma, Zurier, and Murray
1717 Date Introduced: March 07, 2025
1818 Referred To: Senate Education
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is 1
2323 hereby amended by adding thereto the following sections: 2
2424 16-21-43. Seizure safe schools. 3
2525 (a) "Seizure action plan" means a standardized written, individualized health plan designed 4
2626 to acknowledge and prepare for the healthcare needs of a student diagnosed with a seizure disorder. 5
2727 The parent or guardian of each student diagnosed with a seizure disorder shall collaborate with 6
2828 their child's physician as well as the school nurse teacher to create an individualized seizure action 7
2929 plan. The seizure action plan shall include: 8
3030 (1) Assurance of access and administration of any medication prescribed to treat seizure 9
3131 disorder symptoms as approved by the United States Food and Drug Administration or any 10
3232 successor agency; and 11
3333 (2) Physician instructions in administering seizure medications, and manual vagus nerve 12
3434 stimulation, as well as the recognition of the signs and symptoms of seizures and the appropriate 13
3535 steps to be taken to respond to these symptoms 14
3636 (b) Prior to administering medication prescribed to treat seizure disorder symptoms, the 15
3737 student's parent or guardian shall: 16
3838 (1) Provide the school with a written authorization to administer the medication at school; 17
3939 (2) Provide a written statement from the student's healthcare practitioner, which shall 18
4040 contain the following information: 19
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4444 (i) Student's name; 1
4545 (ii) The name and purpose of the medication; 2
4646 (iii) The prescribed dosage; 3
4747 (iv) The route of administration; 4
4848 (v) The frequency that the medication may be administered; and 5
4949 (vi) The circumstances under which the medication may be administered; and 6
5050 (3) Provide the prescribed medication to the school in its unopened, sealed package with 7
5151 the label affixed by the dispensing pharmacy intact. 8
5252 (c) The department of elementary and secondary education shall promulgate administrative 9
5353 regulations establishing procedures for the development and content of seizure action plans. 10
5454 16-21-44. Requirements for administration of seizure rescue medications in a school 11
5555 setting. 12
5656 (a) The department of elementary and secondary education and the department of health 13
5757 shall incorporate into their policies, rules and regulations for administration of seizure rescue 14
5858 medications that are applied via nasal route to provide for the health and safety of children who 15
5959 have been medically identified as having epilepsy/seizure disorder. The policies, rules and 16
6060 regulations shall include procedures whereby: 17
6161 (1) A parent or legal guardian of any child may expressly authorize school employees or 18
6262 those employed on behalf of the school, for when there is no school nurse immediately available, 19
6363 to administer a United States Food and Drug Administration (FDA) approved seizure rescue 20
6464 medication on such child in case of an emergency, while at school or school sponsored activities. 21
6565 Any school employee or those employed on behalf of the school who are authorized to administer 22
6666 seizure rescue medications shall be trained in seizure first aid using the Epilepsy Foundation 23
6767 Seizure Training for School Personnel Program and American Heart Association or American Red 24
6868 Cross CPR certification; 25
6969 (2) The pre-dosed and pre-packaged seizure rescue medication shall be kept in a locked, 26
7070 secure, designated area, readily available; 27
7171 (3) Seizure rescue medication administration training may be provided by a licensed 28
7272 physician, physician assistant, advanced practiced registered nurse, or registered nurse; provided 29
7373 however, in no case shall school nurse teachers be required to provide training; and 30
7474 (4) The school administration shall allow staff to voluntarily assist with the emergency 31
7575 administration of a seizure rescue medication when authorized by a parent or legal guardian. 32
7676 (b) A school employee, including administrative staff, shall not be subject to penalty or 33
7777 disciplinary action for refusing to be trained in the administration of a seizure rescue medication. 34
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8181 (c) A parent or legal guardian shall provide a seizure action plan or physician’s order, 1
8282 signed by the student's healthcare provider, that prescribes the care and assistance needed by the 2
8383 student including administration of seizure rescue medications. 3
8484 (d) The statements and seizure action plan required by this section shall be kept on file in 4
8585 the office of the school nurse and/or school administrator and with the individual authorized to 5
8686 administer the seizure rescue medication. 6
8787 (e) The seizure action plan required by this section shall be distributed to any school 7
8888 personnel or volunteers, identified in the seizure action plan, who is responsible for the supervision 8
8989 or care of the student with a seizure disorder. A student’s parent/guardian shall distribute the 9
9090 authorized seizure action plan required by this section to any non-school personnel identified in the 10
9191 seizure action plan, who is responsible for the supervision or care of the student with a seizure 11
9292 disorder. 12
9393 (f) The presence of a registered nurse employed full-time by a school who assumes 13
9494 responsibility for the administration of seizure medications, and the administration oversight of 14
9595 vagus nerve stimulation, shall fulfill the requirements of this section. 15
9696 (g)(1) Every public, private and parochial school or school district shall provide training to 16
9797 principals, guidance counselors, teachers, and other relevant school personnel with direct contact 17
9898 and supervision of children, including bus drivers and classroom aides, on the recognition of the 18
9999 signs and symptoms of seizures and the appropriate steps for seizure first aid. 19
100100 (2) Any training program or guideline adopted by any state agency for the training of school 20
101101 personnel in the healthcare needs of students diagnosed with a seizure disorder shall be fully 21
102102 consistent with training programs and guidelines developed by the Epilepsy Foundation of America 22
103103 or any successor organization. Notwithstanding any state agency requirement or other law to the 23
104104 contrary, for the purposes of this training, a local school district shall be permitted to use any 24
105105 adequate and appropriate training program or guidelines for training of school personnel in the 25
106106 seizure disorder care tasks covered under this section. 26
107107 (h) The permission for the administration of any of the medications listed under this section 27
108108 shall be effective for the school year in which it is granted and shall be renewed each following 28
109109 school year upon fulfilling the requirements of this section. 29
110110 (i) The requirements of this section shall apply only to schools that have a student enrolled 30
111111 who has a seizure disorder or has a seizure medication prescribed to treat seizure disorder symptoms 31
112112 approved by the FDA or any successor agency prescribed by the student's healthcare provider. 32
113113 (j) Every public, private and parochial school or school district shall provide an age-33
114114 appropriate seizure education program to all students on seizures and seizure disorders. The seizure 34
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118118 education program shall be consistent with guidelines published by the Epilepsy Foundation of 1
119119 America or any successor organization. The department of elementary and secondary education 2
120120 shall promulgate administrative rules and regulations for the development and implementation of 3
121121 the seizure education program. 4
122122 (k) A school district, school district employee, or agent acting in good faith and in 5
123123 substantial compliance with the student's individual health plan, including a seizure action plan, 6
124124 and the instructions of the student's licensed healthcare professional, that provides assistance or 7
125125 services under this section shall not be liable for civil damages in their individual, marital, 8
126126 governmental, corporate, or other capacities as a result of the services provided under this section 9
127127 to students with epilepsy or seizure disorders. 10
128128 SECTION 2. This act shall take effect upon passage. 11
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135135 EXPLANATION
136136 BY THE LEGISLATIVE COUNCIL
137137 OF
138138 A N A C T
139139 RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
140140 ***
141141 This act would require the department of elementary and secondary education and the 1
142142 department of health to adopt policies, rules and regulations for the administration of seizure rescue 2
143143 medications administered via nasal route for students who have been medically identified as having 3
144144 epilepsy/seizure disorder. 4
145145 This act would take effect upon passage. 5
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