SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is hereby amended by adding thereto the following sections: 16-21-44. Seizure safe schools.
(a) "Seizure action plan" means a standardized written, individualized health plan designed to acknowledge and prepare for the healthcare needs of a student diagnosed with a seizure disorder. The parent or guardian of each student diagnosed with a seizure disorder shall collaborate with their child's physician as well as the school nurse teacher to create an individualized seizure action plan. The seizure action plan shall include:
(1) Assurance of access and administration of any medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration or any successor agency; and
(2) Physician instructions in administering seizure medications, and manual vagus nerve stimulation, as well as the recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms
(b) Prior to administering medication prescribed to treat seizure disorder symptoms, the student's parent or guardian shall:
(1) Provide the school with a written authorization to administer the medication at school;
(2) Provide a written statement from the student's healthcare practitioner, which shall contain the following information:
(i) Student's name;
(ii) The name and purpose of the medication;
(iii) The prescribed dosage;
(iv) The route of administration;
(v) The frequency that the medication may be administered;
(vi) The circumstances under which the medication may be administered; and
(vii) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.
(c) The department of elementary and secondary education shall issue guidance establishing procedures for the development and content of seizure action plans. 16-21-45. Requirements for administration of seizure rescue medications in a school setting.
(a) The department of elementary and secondary education and the department of health shall issue guidance for administration of seizure rescue medications that are applied via nasal route if prescribed by the child’s physician, to provide for the health and safety of children who have been medically identified as having epilepsy/seizure disorder. This guidance shall include procedures whereby:
(1) A parent or legal guardian of any child may expressly authorize school employees or those employed on behalf of the school, for when there is no school nurse immediately available, to administer a United States Food and Drug Administration (FDA) approved seizure rescue medication to the child in case of an emergency, while at school or school sponsored activities. Any school employee or those employed on behalf of the school who are authorized to administer seizure rescue medications shall be trained in seizure first aid using the Epilepsy Foundation Seizure Training for School Personnel Program and American Heart Association or American Red Cross CPR certification;
(2) The pre-dosed and pre-packaged seizure rescue medication shall be kept in a locked, secure, designated area, readily available;
(3) Seizure rescue medication administration training may be provided by a licensed physician, physician assistant, advanced practiced registered nurse, or registered nurse; provided however, in no case shall school nurse teachers be required to provide training;
(4) The school administration shall allow staff to voluntarily assist with the emergency administration of a seizure rescue medication when authorized by a parent or legal guardian; and
(5) The school district shall provide training to all staff who volunteer to assist with the administration of a seizure rescue medication.
(b) A school employee, including administrative staff, shall not be subject to penalty or disciplinary action for refusing to be trained in the administration of a seizure rescue medication.
(c) A parent or legal guardian shall provide a seizure action plan or physician’s order, signed by the student's healthcare provider, that prescribes the care and assistance needed by the student including administration of seizure rescue medications.
(d) The statements and seizure action plan required by this section shall be kept on file in the office of the school nurse and/or school administrator and with the individual authorized to administer the seizure rescue medication.
(e) The seizure action plan required by this section shall be distributed to any school personnel or volunteers, identified in the seizure action plan, who is responsible for the supervision or care of the student with a seizure disorder. A student’s parent/guardian shall distribute the authorized seizure action plan required by this section to any non-school personnel identified in the seizure action plan, who is responsible for the supervision or care of the student with a seizure disorder.
(f) The presence of a registered nurse employed full-time by a school who assumes responsibility for the administration of seizure medications, and the administration oversight of vagus nerve stimulation, shall fulfill the requirements of this section.
(g) The permission for the administration of any of the medications subject to the provisions of this section shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of this section.
(h) The requirements of this section shall apply only to schools that have a student enrolled who has a seizure disorder or has a seizure medication prescribed by the student's healthcare provider to treat seizure disorder symptoms approved by the FDA or any successor agency.
(i) A school district, school district employee, or agent acting in good faith and in substantial compliance with the student's individual health plan, including a seizure action plan, and the instructions of the student's licensed healthcare professional, that provides assistance or services under this section shall not be liable for civil damages in their individual, governmental, corporate, or other capacities as a result of the services provided under this section to students with epilepsy or seizure disorders.
SECTION 2. This act shall take effect upon passage.