| 1 | 1 | | 88R9898 AMF-D |
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| 2 | 2 | | By: Clardy H.B. No. 3610 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a seizure management and treatment plan for the care to |
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| 8 | 8 | | be provided by a public school to a student with a seizure disorder. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 38.032(a) and (b), Education Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The parent or guardian of a student with a seizure |
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| 13 | 13 | | disorder may seek care for the student's seizures while the student |
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| 14 | 14 | | is at school or participating in a school activity by submitting to |
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| 15 | 15 | | the school district at which the student is enrolled a copy of a |
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| 16 | 16 | | seizure management and treatment plan developed by the student's |
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| 17 | 17 | | parent or guardian and the physician responsible for the student's |
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| 18 | 18 | | seizure treatment. The plan must be: |
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| 19 | 19 | | (1) on the form adopted under Subsection (b); and |
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| 20 | 20 | | (2) submitted to and reviewed by the district: |
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| 21 | 21 | | (A) [(1)] before or at the beginning of the |
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| 22 | 22 | | school year; |
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| 23 | 23 | | (B) [(2)] on enrollment of the student, if the |
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| 24 | 24 | | student enrolls in the district after the beginning of the school |
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| 25 | 25 | | year; or |
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| 26 | 26 | | (C) [(3)] as soon as practicable following a |
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| 27 | 27 | | diagnosis of a seizure disorder for the student. |
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| 28 | 28 | | (b) The agency shall adopt and post on the agency's Internet |
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| 29 | 29 | | website a form to be used in submitting a [A] seizure management and |
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| 30 | 30 | | treatment plan under this section. The form must request the |
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| 31 | 31 | | following information: |
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| 32 | 32 | | (1) the student's name and date of birth; |
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| 33 | 33 | | (2) the names and contact information of the student's |
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| 34 | 34 | | parent or guardian, the physician responsible for the student's |
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| 35 | 35 | | seizure treatment, and at least one other emergency contact; |
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| 36 | 36 | | (3) any medical history significant to the student's |
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| 37 | 37 | | seizure disorder; |
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| 38 | 38 | | (4) the type, length, and frequency of the student's |
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| 39 | 39 | | seizures; |
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| 40 | 40 | | (5) a description of each type of seizure the student |
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| 41 | 41 | | has experienced; |
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| 42 | 42 | | (6) the student's seizure triggers or warning signs; |
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| 43 | 43 | | (7) the student's ability to manage seizures and the |
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| 44 | 44 | | student's level of understanding of the seizures; |
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| 45 | 45 | | (8) the student's response after a seizure; |
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| 46 | 46 | | (9) the basic first aid to be provided to the student |
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| 47 | 47 | | during a seizure, including whether the student needs to leave the |
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| 48 | 48 | | classroom after a seizure and the process for the student's return |
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| 49 | 49 | | to the classroom, if applicable; |
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| 50 | 50 | | (10) a description of what constitutes a seizure |
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| 51 | 51 | | emergency for the student; |
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| 52 | 52 | | (11) a description of seizure emergency protocol for |
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| 53 | 53 | | district personnel to follow in the event of a seizure emergency for |
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| 54 | 54 | | the student; |
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| 55 | 55 | | (12) a treatment protocol for any medications or other |
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| 56 | 56 | | procedures to be administered by district personnel to the student |
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| 57 | 57 | | during school hours, including: |
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| 58 | 58 | | (A) each daily or emergency medication, |
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| 59 | 59 | | including: |
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| 60 | 60 | | (i) the name and dosage of the medication |
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| 61 | 61 | | and the time at which the medication is to be given; |
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| 62 | 62 | | (ii) common side effects for the |
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| 63 | 63 | | medication; and |
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| 64 | 64 | | (iii) any special instructions regarding |
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| 65 | 65 | | the medication; and |
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| 66 | 66 | | (B) whether the student has a vagus nerve |
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| 67 | 67 | | stimulator and, if so, appropriate magnet use for the stimulator; |
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| 68 | 68 | | (13) any special considerations or precautions |
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| 69 | 69 | | applicable to the student; and |
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| 70 | 70 | | (14) the signatures of [identify the health care |
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| 71 | 71 | | services the student may receive at school or while participating |
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| 72 | 72 | | in a school activity; |
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| 73 | 73 | | [(2) evaluate the student's ability to manage and level |
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| 74 | 74 | | of understanding of the student's seizures; and |
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| 75 | 75 | | [(3) be signed by] the student's parent or guardian and |
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| 76 | 76 | | the physician responsible for the student's seizure treatment. |
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| 77 | 77 | | SECTION 2. Not later than December 1, 2023, the Texas |
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| 78 | 78 | | Education Agency shall adopt and post on the agency's Internet |
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| 79 | 79 | | website the form required under Section 38.032(b), Education Code, |
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| 80 | 80 | | as amended by this Act. |
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| 81 | 81 | | SECTION 3. The change in law made by this Act applies only |
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| 82 | 82 | | to a seizure management and treatment plan submitted to a school |
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| 83 | 83 | | district on or after January 1, 2024. |
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| 84 | 84 | | SECTION 4. This Act takes effect immediately if it receives |
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| 85 | 85 | | a vote of two-thirds of all the members elected to each house, as |
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| 86 | 86 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 87 | 87 | | Act does not receive the vote necessary for immediate effect, this |
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| 88 | 88 | | Act takes effect September 1, 2023. |
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