By: Clardy, et al. (Senate Sponsor - Hughes) H.B. No. 684
(In the Senate - Received from the House April 16, 2019;
April 17, 2019, read first time and referred to Committee on
Education; May 8, 2019, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 8, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 684 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the care of students with seizure disorders and the
training requirements for certain school personnel regarding
seizure recognition and related first aid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Sam's Law.
SECTION 2. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.032, 38.033, and 38.034 to read as
follows:
Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN. (a)
The parent or guardian of a student with a seizure disorder who
seeks care for the student's seizures while the student is at school
or participating in a school activity must submit to the school
district at which the student is enrolled a copy of a seizure
management and treatment plan developed by the student's parent or
guardian and the physician responsible for the student's seizure
treatment. The plan must be submitted to and reviewed by the
district:
(1) before or at the beginning of the school year;
(2) on enrollment of the student, if the student
enrolls in the district after the beginning of the school year; or
(3) as soon as practicable following a diagnosis of a
seizure disorder for the student.
(b) A seizure management and treatment plan must:
(1) identify the health care services the student may
receive at school or while participating in a school activity;
(2) evaluate the student's ability to manage and level
of understanding of the student's seizures; and
(3) be signed by the student's parent or guardian and
the physician responsible for the student's seizure treatment.
(c) The care of a student with a seizure disorder by a
district employee under a seizure management plan submitted under
this section is incident to or within the scope of the duties of the
employee's position of employment and involves the exercise of
judgment or discretion on the part of the employee for purposes of
Section 22.0511.
Sec. 38.033. SEIZURE RECOGNITION AND RELATED FIRST AID
TRAINING. (a) A school nurse employed by a school district must
complete an agency-approved online course of instruction for school
nurses regarding managing students with seizure disorders that
includes information about seizure recognition and related first
aid.
(b) A school district employee, other than a school nurse,
whose duties at the school include regular contact with students
must complete an agency-approved online course of instruction for
school personnel regarding awareness of students with seizure
disorders that includes information about seizure recognition and
related first aid.
(c) The agency may approve an online course of instruction
provided by a nonprofit national foundation that supports the
welfare of individuals with epilepsy and seizure disorders to
satisfy the training required under Subsection (a) or (b).
(d) The agency shall adopt rules as necessary to administer
this section.
Sec. 38.034. UNLICENSED SEIZURE CARE ASSISTANT. (a) At
each school district campus at which a student with a seizure
disorder is enrolled, the principal shall:
(1) seek school employees who are not health care
professionals to serve as unlicensed seizure care assistants and
care for students with seizure disorders; and
(2) make efforts to ensure that the campus has:
(A) at least one unlicensed seizure care
assistant if a full-time nurse is assigned to the campus; and
(B) at least three unlicensed seizure care
assistants if a full-time nurse is not assigned to the campus.
(b) An unlicensed seizure care assistant shall serve under
the supervision of the principal.
(c) A school employee may not be subject to any penalty or
disciplinary action for refusing to serve as an unlicensed seizure
care assistant.
(d) The care of a student with a seizure disorder by a school
employee who is serving as an unlicensed seizure care assistant is
incident to or within the scope of the duties of the employee's
position of employment and involves the exercise of judgment or
discretion on the part of the employee for purposes of Section
22.0511.
(e) A school nurse is not responsible for and may not be
subject to disciplinary action under Chapter 301, Occupations Code,
for actions performed by an unlicensed seizure care assistant.
SECTION 3. Not later than December 1, 2019, the Texas
Education Agency shall approve online courses of instruction to
satisfy the training requirements of Section 38.033, Education
Code, as added by this Act.
SECTION 4. The change in law made by this Act applies
beginning with the 2019-2020 school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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