S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9996
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced by M. of A. JAFFEE -- read once and referred to the Committee
   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
   disorder
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 3001-e
 to read as follows:
   § 3001-E. SEIZURE ACTION PLAN. 1. AS USED IN THIS SECTION, THE FOLLOW-
 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "SEIZURE ACTION PLAN" SHALL  MEAN  A  DOCUMENT  DEVELOPED  BY  THE
 SCHOOL  NURSE,  IN CONSULTATION WITH THE PARENT OR GUARDIAN OF A STUDENT
 WITH A SEIZURE DISORDER AND OTHER APPROPRIATE MEDICAL PROFESSIONALS  WHO
 MAY BE PROVIDING SEIZURE DISORDER CARE TO THE STUDENT, WHICH IS CONSIST-
 ENT  WITH THE RECOMMENDATIONS OF THE STUDENT'S HEALTH CARE PROVIDERS AND
 WHICH SETS OUT THE HEALTH SERVICES NEEDED BY THE STUDENT AT SCHOOL OR  A
 SCHOOL-SPONSORED  ACTIVITY,  IS SIGNED BY THE PARENT OR GUARDIAN AND THE
 SCHOOL NURSE, AND SHALL BE:
   (I) KEPT ON FILE IN THE OFFICE OF THE SCHOOL NURSE OR SCHOOL  ADMINIS-
 TRATOR;
   (II)  DISTRIBUTED  TO  ANY  SCHOOL EMPLOYEE RESPONSIBLE FOR THE SUPER-
 VISION OR CARE OF THE STUDENT FOR WHICH SUCH PLAN WAS  CREATED  AND  WHO
 HAS RECEIVED PROPER TRAINING; AND
   (III)  PROVIDED  ANNUALLY  TO THE BOARD OF EDUCATION BY THE PARENTS OR
 GUARDIANS OF THE STUDENT AND CONTAIN A WRITTEN AUTHORIZATION TO ADMINIS-
 TER ANY MEDICATIONS LISTED IN SUCH PLAN PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION.
   (B) "STUDENT" SHALL MEAN A STUDENT WITH EPILEPSY OR A SEIZURE DISORDER
 WHO IS PRESCRIBED SEIZURE  RESCUE  MEDICATION  OR  MEDICATION  TO  TREAT
 SEIZURE  DISORDER  SYMPTOMS APPROVED BY THE FOOD AND DRUG ADMINISTRATION
 OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
   2. (A) THE PARENT OR GUARDIAN OF A STUDENT WHO SEEKS SEIZURE  DISORDER
 CARE  WHILE  AT  SCHOOL  OR A SCHOOL-SPONSORED ACTIVITY SHALL INFORM THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15670-01-0

 A. 9996                             2
 
 SCHOOL NURSE WHO SHALL DEVELOP A SEIZURE ACTION  PLAN  FOR  THE  STUDENT
 CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
   (B) THE SEIZURE ACTION PLAN DEVELOPED IN ACCORDANCE WITH PARAGRAPH (A)
 OF  THIS  SUBDIVISION  SHALL BE UPDATED BY THE SCHOOL NURSE PRIOR TO THE
 BEGINNING OF EACH SCHOOL YEAR AND AS NECESSARY IF THERE IS A  CHANGE  IN
 THE HEALTH STATUS OF THE STUDENT.
   3.  PRIOR  TO THE ADMINISTERING A SEIZURE RESCUE MEDICATION OR MEDICA-
 TION TO TREAT SEIZURE DISORDER SYMPTOMS, THE STUDENT'S PARENT OR GUARDI-
 AN SHALL PROVIDE:
   (A) THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR THE  GOVERNING  BOARD
 OF  SUCH  STUDENT'S SCHOOL DISTRICT AND THE SCHOOL WHICH SUCH STUDENT IS
 ENROLLED IN WITH A WRITTEN AUTHORIZATION TO ADMINISTER THE MEDICATION AT
 SCHOOL OR A SCHOOL-SPONSORED EVENT;
   (B) WRITTEN ORDERS FROM THE STUDENT'S HEALTH CARE PROVIDERS  OUTLINING
 THE  STUDENT'S  SEIZURE  DISORDER CARE INCLUDING, BUT NOT BE LIMITED TO,
 THE FOLLOWING INFORMATION:
   (I) THE STUDENT'S NAME;
   (II) THE NAME AND PURPOSE OF THE PRESCRIBED MEDICATION;
   (III) THE PRESCRIBED DOSAGE FOR SUCH MEDICATION;
   (IV) THE ROUTE OF ADMINISTRATION FOR SUCH MEDICATION;
   (V) THE FREQUENCY SUCH MEDICATION SHOULD BE ADMINISTERED; AND
   (VI) THE CIRCUMSTANCES FOR WHICH SUCH MEDICATION MAY BE  ADMINISTERED;
 AND
   (C)  THE  PRESCRIBED MEDICATION IN ITS UNOPENED, SEALED PACKAGING WITH
 THE LABEL AFFIXED BY THE DISPENSING PHARMACY INTACT TO THE SCHOOL  WHICH
 THE STUDENT IS ENROLLED.
   4.  THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND THE
 GOVERNING BODY OF EACH PRIVATE AND PAROCHIAL SCHOOL LOCATED  WITHIN  THE
 STATE SHALL EMPLOYEE AT EACH SCHOOL AT LEAST ONE SCHOOL EMPLOYEE WHO HAS
 MET THE TRAINING REQUIREMENTS NECESSARY TO ADMINISTER OR ASSIST WITH THE
 SELF-ADMINISTRATION OF:
   (A)  A SEIZURE RESCUE MEDICATION OR MEDICATION TO TREAT SEIZURE DISOR-
 DER SYMPTOMS AS APPROVED BY THE FOOD  AND  DRUG  ADMINISTRATION  OF  THE
 UNITED  STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AND ANY SUCCESSOR
 AGENCY; AND
   (B) A MANUAL DOSE OF PRESCRIBED ELECTRONIC STIMULATION USING  A  VAGUS
 NERVE  STIMULATOR  MAGNET  APPROVED  BY  THE UNITED STATES DEPARTMENT OF
 HEALTH AND HUMAN SERVICES FOR RESPONDING TO SEIZURE DISORDER SYMPTOMS.
   5. (A) ALL PUBLIC SCHOOL DISTRICTS SHALL PROVIDE TRAINING TO A  BUILD-
 ING  PRINCIPAL,  GUIDANCE  COUNSELOR,  TEACHER AND OR ANY OTHER RELEVANT
 OFFICER OR AGENT OF A BOARD OF EDUCATION, INCLUDING A BUS DRIVER  AND  A
 CLASSROOM  AIDE,  ON  THE  RECOGNITION  OF  THE  SIGNS AND SYMPTOMS OF A
 SEIZURE AND THE APPROPRIATE STEPS TO BE TAKEN TO RESPOND TO  SUCH  SYMP-
 TOMS. SUCH TRAINING SHALL TAKE PLACE ANNUALLY OR BIENNIALLY.
   (B) TRAINING SHALL INCLUDE ANY TRAINING PROGRAMS OR GUIDELINES ADOPTED
 BY  ANY STATE AGENCY, THE EPILEPSY FOUNDATION OF AMERICA AND ANY SUCCES-
 SOR ORGANIZATION FOR THE TRAINING OF SCHOOL EMPLOYEES IN THE HEALTH CARE
 NEEDS OF STUDENTS DIAGNOSED WITH A SEIZURE DISORDER.
   (C) TRAINING SHALL BE TAUGHT BY  A  REPRESENTATIVE  OF  A  CHAPTER  OR
 AFFILIATE  OF THE EPILEPSY FOUNDATION OF AMERICA OR ANY SIMILAR EPILEPSY
 SERVICE ORGANIZATION EITHER BY IN-PERSON TRAINING OR BY A LIVE  OR  PRE-
 RECORDED  ONLINE  WEBINAR TRAINING OR MAY BE ADMINISTERED ONLINE THROUGH
 THE LEARNING MANAGEMENT SYSTEM OF THE EPILEPSY FOUNDATION OF AMERICA.
   6. IF SUCH TRAINING TAKES PLACE BIANNUALLY, A MINIMUM OF ONE  HOUR  OF
 SELF-STUDY  REVIEW  OF  SEIZURE DISORDER MATERIALS SHALL BE REQUIRED FOR
 ALL BUILDING PRINCIPALS, GUIDANCE COUNSELORS AND  TEACHERS  DURING  EACH

 A. 9996                             3
 
 ACADEMIC  YEAR THAT FORMAL TRAINING IS NOT PROVIDED PURSUANT TO SUBDIVI-
 SION FIVE OF THIS SECTION.
   7.  (A)  ALL PUBLIC SCHOOL DISTRICTS SHALL PROVIDE TO PUPILS IN GRADES
 KINDERGARTEN THROUGH TWELVE, INSTRUCTION ON SEIZURES AND SEIZURE  DISOR-
 DERS.
   (B)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
 LISH A CURRICULUM FOR INSTRUCTION REGARDING SEIZURES AND SEIZURE  DISOR-
 DERS  THAT  IS  CONSISTED  WITH THE GUIDELINES PUBLISHED BY THE EPILEPSY
 FOUNDATION OF AMERICA AND ANY SUCCESSOR ORGANIZATION REGARDING EDUCATING
 PUPILS ON SEIZURES AND SEIZURE DISORDERS.
   8. THE SCHOOL NURSE SHALL OBTAIN CONSENT FROM THE PARENT  OR  GUARDIAN
 OF A STUDENT TO AUTHORIZE THE SHARING OF MEDICAL INFORMATION BETWEEN THE
 STUDENT'S  PHYSICIAN  OR  ADVANCED  PRACTICE NURSE AND OTHER HEALTH CARE
 PROVIDERS. SUCH NURSE SHALL ALSO BE AUTHORIZED TO SHARE MEDICAL INFORMA-
 TION WITH OTHER EMPLOYEES OF THE SCHOOL DISTRICT AS NECESSARY.
   9. NO SCHOOL EMPLOYEE, INCLUDING A SCHOOL NURSE, A SCHOOL BUS  DRIVER,
 A CLASSROOM AIDE, OR ANY OTHER OFFICER OR AGENT OF A BOARD OF EDUCATION,
 SHALL  BE HELD LIABLE FOR ANY GOOD FAITH ACT OR OMISSION CONSISTENT WITH
 THE PROVISIONS OF THIS SECTION. GOOD FAITH  SHALL  NOT  INCLUDE  WILLFUL
 MISCONDUCT, GROSS NEGLIGENCE, OR RECKLESSNESS.
   10. THE BOARD, IN CONSULTATION WITH THE COMMISSIONER, SHALL PROMULGATE
 RULES AND REGULATIONS, INCLUDING PROCEDURES AND CONTENT FOR THE DEVELOP-
 MENT OF A SEIZURE ACTION PLAN AND THE SEIZURE EDUCATION PROGRAM, AS THEY
 DEEM NECESSARY AND TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.