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A04578 Summary:

Add §3001-e, Ed L
Requires schools to develop a seizure action plan for students diagnosed with a seizure disorder and have teachers trained for if a student has a seizure.
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A04578 Actions:

02/17/2023referred to education
01/03/2024referred to education
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A04578 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 17, 2023
        Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
          tee on Education
        AN ACT to amend the education law, in relation to requiring  schools  to
          develop  a  seizure  action plan for students diagnosed with a seizure
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 3001-e
     2  to read as follows:
     3    § 3001-e. Seizure action plan. 1. As used in this section, the follow-
     4  ing terms shall have the following meanings:
     5    (a)  "Seizure  action  plan"  shall  mean  a document developed by the
     6  school nurse, in consultation with the parent or guardian of  a  student
     7  with  a seizure disorder and other appropriate medical professionals who
     8  may be providing seizure disorder care to the student, which is consist-
     9  ent with the recommendations of the student's health care providers  and
    10  which  sets out the health services needed by the student at school or a
    11  school-sponsored activity, is signed by the parent or guardian  and  the
    12  school nurse, and shall be:
    13    (i)  kept on file in the office of the school nurse or school adminis-
    14  trator;
    15    (ii) distributed to any school employee  responsible  for  the  super-
    16  vision  or  care  of the student for which such plan was created and who
    17  has received proper training; and
    18    (iii) provided annually to the board of education by  the  parents  or
    19  guardians of the student and contain a written authorization to adminis-
    20  ter any medications listed in such plan pursuant to subdivision three of
    21  this section.
    22    (b) "Student" shall mean a student with epilepsy or a seizure disorder
    23  who  is  prescribed  seizure  rescue  medication  or medication to treat

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4578                             2
     1  seizure disorder symptoms approved by the food and  drug  administration
     2  of the United States department of health and human services.
     3    2.  (a) The parent or guardian of a student who seeks seizure disorder
     4  care while at school or a school-sponsored  activity  shall  inform  the
     5  school  nurse  who  shall  develop a seizure action plan for the student
     6  consistent with the provisions of this section.
     7    (b) The seizure action plan developed in accordance with paragraph (a)
     8  of this subdivision shall be updated by the school nurse  prior  to  the
     9  beginning  of  each school year and as necessary if there is a change in
    10  the health status of the student.
    11    3. Prior to the administering a seizure rescue medication  or  medica-
    12  tion to treat seizure disorder symptoms, the student's parent or guardi-
    13  an shall provide:
    14    (a)  the  board of education, board of trustees or the governing board
    15  of such student's school district and the school which such  student  is
    16  enrolled in with a written authorization to administer the medication at
    17  school or a school-sponsored event;
    18    (b)  written orders from the student's health care providers outlining
    19  the student's seizure disorder care including, but not  be  limited  to,
    20  the following information:
    21    (i) the student's name;
    22    (ii) the name and purpose of the prescribed medication;
    23    (iii) the prescribed dosage for such medication;
    24    (iv) the route of administration for such medication;
    25    (v) the frequency such medication should be administered; and
    26    (vi)  the circumstances for which such medication may be administered;
    27  and
    28    (c) the prescribed medication in its unopened, sealed  packaging  with
    29  the  label affixed by the dispensing pharmacy intact to the school which
    30  the student is enrolled.
    31    4. The board of education or trustees of each school district and  the
    32  governing  body  of each private and parochial school located within the
    33  state shall employee at each school at least one school employee who has
    34  met the training requirements necessary to administer or assist with the
    35  self-administration of:
    36    (a) a seizure rescue medication or medication to treat seizure  disor-
    37  der  symptoms  as  approved  by  the food and drug administration of the
    38  United States department of health and human services and any  successor
    39  agency; and
    40    (b)  a  manual dose of prescribed electronic stimulation using a vagus
    41  nerve stimulator magnet approved by  the  United  States  department  of
    42  health and human services for responding to seizure disorder symptoms.
    43    5.  (a) All public school districts shall provide training to a build-
    44  ing principal, guidance counselor, teacher and  or  any  other  relevant
    45  officer  or  agent of a board of education, including a bus driver and a
    46  classroom aide, on the recognition  of  the  signs  and  symptoms  of  a
    47  seizure  and  the appropriate steps to be taken to respond to such symp-
    48  toms. Such training shall take place annually or biennially.
    49    (b) Training shall include any training programs or guidelines adopted
    50  by any state agency, the Epilepsy Foundation of America and any  succes-
    51  sor organization for the training of school employees in the health care
    52  needs of students diagnosed with a seizure disorder.
    53    (c)  Training  shall  be  taught  by  a representative of a chapter or
    54  affiliate of the Epilepsy Foundation of America or any similar  epilepsy
    55  service  organization  either by in-person training or by a live or pre-

        A. 4578                             3
     1  recorded online webinar training or may be administered  online  through
     2  the learning management system of the Epilepsy Foundation of America.
     3    6.  If  such training takes place biannually, a minimum of one hour of
     4  self-study review of seizure disorder materials shall  be  required  for
     5  all  building  principals,  guidance counselors and teachers during each
     6  academic year that formal training is not provided pursuant to  subdivi-
     7  sion five of this section.
     8    7.  (a)  All public school districts shall provide to pupils in grades
     9  kindergarten through twelve, instruction on seizures and seizure  disor-
    10  ders.
    11    (b)  The commissioner shall promulgate rules and regulations to estab-
    12  lish a curriculum for instruction regarding seizures and seizure  disor-
    13  ders  that  is  consisted  with the guidelines published by the Epilepsy
    14  Foundation of America and any successor organization regarding educating
    15  pupils on seizures and seizure disorders.
    16    8. The school nurse shall obtain consent from the parent  or  guardian
    17  of a student to authorize the sharing of medical information between the
    18  student's  physician  or  advanced  practice nurse and other health care
    19  providers. Such nurse shall also be authorized to share medical informa-
    20  tion with other employees of the school district as necessary.
    21    9. No school employee, including a school nurse, a school bus  driver,
    22  a classroom aide, or any other officer or agent of a board of education,
    23  shall  be held liable for any good faith act or omission consistent with
    24  the provisions of this section. Good faith  shall  not  include  willful
    25  misconduct, gross negligence, or recklessness.
    26    10. The board, in consultation with the commissioner, shall promulgate
    27  rules and regulations, including procedures and content for the develop-
    28  ment of a seizure action plan and the seizure education program, as they
    29  deem necessary and to effectuate the provisions of this section.
    30    § 2. This act shall take effect on the one hundred eightieth day after
    31  it  shall have become a law. Effective immediately, the addition, amend-
    32  ment and/or repeal of any rule or regulation necessary for the implemen-
    33  tation of this act on its effective date are authorized to be  made  and
    34  completed on or before such effective date.
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