S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4578
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06246-01-3
 A. 4578                             2
              

 
 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
 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-
 A. 4578                             3
 
 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
 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.