Allows for unlicensed personnel to administer certain seizure rescue medication in schools, on school grounds and at school events; provides that such medicine may be left with a school health official to be used as needed.
STATE OF NEW YORK
________________________________________________________________________
5469
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sens. COMRIE, ADDABBO, HELMING, PALUMBO -- read twice and
ordered printed, and when printed to be committed to the Committee on
Education
AN ACT to amend the education law, in relation to allowing for unli-
censed personnel to administer seizure rescue medication
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 921 of the education law, as
2 amended by chapter 339 of the laws of 2021, is amended to read as
3 follows:
4 1. The board of education or trustees of each school district and
5 board of cooperative educational services and nonpublic schools are
6 authorized, but not obligated to have licensed registered professional
7 nurses, nurse practitioners, physician assistants, and physicians train
8 unlicensed school personnel to administer prescribed glucagon or
9 epinephrine auto injectors, or administer diazepam or midazolam nasal
10 spray in emergency situations, where an appropriately licensed health
11 professional is not available, to pupils who have the written permission
12 of a physician or other duly authorized health care provider for the
13 administration of glucagon [or], emergency epinephrine auto injector, or
14 diazepam or midazolam nasal spray, along with written parental consent,
15 during the school day on school property and at any school function as
16 such terms are defined, respectively, by subdivisions one and two of
17 section eleven of this chapter. Training must be provided by a physician
18 or other duly authorized licensed health care professional in a compe-
19 tent manner and must be completed in a form and manner prescribed by the
20 commissioner in regulation.
21 § 2. The education law is amended by adding two new sections 902-c and
22 916-c to read as follows:
23 § 902-c. Treatment of students diagnosed with epilepsy by school
24 personnel. 1. Licensed nurses, nurse practitioners, physician assist-
25 ants, or physicians employed by school districts or boards of cooper-
26 ative educational services shall be authorized to administer prescribed
27 diazepam or midazolam nasal spray, to teach an unlicensed person to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09680-01-5
S. 5469 2
1 administer a diazepam or midazolam nasal spray to an individual, and to
2 perform other authorized services pursuant to the scope of practice of
3 the licensed individual under title eight of this chapter, to pupils who
4 have received written permission by a physician or other licensed health
5 care provider and written parental consent to carry and use a diazepam
6 or midazolam nasal spray pursuant to section nine hundred sixteen-c of
7 this article during the school day on school property and at any school
8 function. Nothing in this section shall authorize unlicensed persons to
9 perform these services except as otherwise permitted by section nine
10 hundred twenty-one of this article.
11 2. A school district, board of cooperative educational services and/or
12 their agents or employees shall incur no legal or financial liability as
13 a result of any harm or injury sustained by a pupil or other person
14 caused by reasonable and good faith compliance with this section.
15 § 916-c. Pupils with epilepsy. 1. The board of education or trustees
16 of each school district and board of cooperative educational services
17 shall allow pupils who have been diagnosed by a physician or other duly
18 authorized health care provider with epilepsy to carry and use a
19 prescribed nasal spray for the emergency treatment of seizures during
20 the school day on school property and at any school function with the
21 written permission of a physician or other duly authorized health care
22 provider, and written parental consent. The written permission shall
23 include an attestation by such physician or health care provider
24 confirming: (a) the pupil's diagnosis of epilepsy for which a diazepam
25 or midazolam nasal spray is needed; and (b) that the pupil has demon-
26 strated that they can self-administer the prescribed diazepam or midaz-
27 olam nasal spray effectively. Such written permission shall also include
28 the circumstances which may warrant the use of a diazepam or midazolam
29 nasal spray. A record of such consent and permission shall be maintained
30 in the student's cumulative health record. In addition, upon the written
31 request of a parent or person in parental relation, the board of educa-
32 tion or trustees of a school district and board of cooperative educa-
33 tional services shall allow such pupils to maintain an extra diazepam or
34 midazolam nasal spray for the emergency treatment of seizures in the
35 care and custody of a licensed nurse, nurse practitioner, physician
36 assistant, or physician employed by such district or board of cooper-
37 ative educational services, and shall be readily accessible to such
38 pupil. Nothing in this section shall require a school district or board
39 of cooperative educational services to retain a licensed nurse, nurse
40 practitioner, physician assistant, or physician solely for the purpose
41 of taking custody of a spare diazepam or midazolam nasal spray for the
42 emergency treatment of seizures, or require that a licensed nurse, nurse
43 practitioner, physician assistant, or physician be available at all
44 times in a school building for taking custody of the diazepam or midaz-
45 olam nasal spray. In addition, the diazepam or midazolam nasal spray
46 provided by the pupil's parents or persons in parental relation will be
47 made available to the pupil as needed in accordance with the school
48 district's or board of cooperative educational services' policy and the
49 orders prescribed in the written permission of the physician or other
50 authorized health care provider.
51 2. A school district, board of cooperative educational services and/or
52 their agents or employees shall incur no legal or financial liability as
53 a result of any harm or injury sustained by a pupil or other person
54 caused by reasonable and good faith compliance with this section.
55 § 3. This act shall take effect immediately.
