Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0637 Latest Draft

Bill / Introduced Version Filed 03/07/2025

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