BILL NUMBER:  S2769

 TITLE OF BILL :  An act to amend the education law, in relation to
the treatment of students diagnosed with epilepsy by school personnel
in certain schools

 PURPOSE :

To authorize the emergency administration of Diastat to students
diagnosed with epilepsy by school personnel at schools with less than
one hundred students.

 SUMMARY OF PROVISIONS :

Section 1 amends the education law by adding a new section authorizing
trained unlicensed individuals to administer Diastat in emergency
situations to individuals diagnosed with epilepsy, where an
appropriately licensed health professional is not available at schools
with less than one hundred students, to pupils who have the written
permission of a physician of other duly authorized health care
provider for the administration of Diastat, and who also have parental
consent to receive such drug administration during the school day on
school property, and at any school function, as defined by the
Education Law §§ 11(1) and 11(2).

Training must be provided by a physician or other duly authorized
              

health care professional in a competent manner and completed in the
form prescribed by the commissioner in regulation. Neither legal nor
financial liability shall result from any harm or injury sustained by
the pupil or other person during the administration of Diastat,
provided that such injury was caused through reasonable and good faith
compliance with this section.

Section 2 is the effective date.

 EXISTING LAW :

In the past, New York State allowed teachers to administer Diastat in
the event of emergencies. But under The Nurse Practice Act, which
authorizes nursing practices for the entire state, the administration
of Diastat is limited to authorized certain professionals. This also
applies to nursing care provided in public and private school
settings, thus a teacher is no longer permitted to administer this
medication in emergency circumstances. This bill restates the
exemption and authorizes the administration of Diastat in emergency
situations to individuals diagnosed with epilepsy, where an
appropriately licensed health professional is not available at schools
with less than one hundred students, to pupils who have the written
permission of a physician of other duly authorized health care
provider for the administration of Diastat, and who also have parental
consent to receive such drug administration

Article 19 of the Education Law pertains to the medial and health
service in schools. This bill creates a new section 902-C, providing
for the treatment of student diagnosed with epilepsy by trained school
personnel in certain schools.

School property and functions are defined by §§ 11(1) and 11(2) of the
Education Law. Section 11(1) provides, "school property shall mean in
or within any building, structure, athletic playing fired, playground,
parking lot, or land contained within the real property boundary line
of a public elementary or secondary school, or in or on a school bus,
as defined by § 142 of Vehicle and Traffic Law." Section 11(2)
provides, "school function shall mean a school -sponsored
extra-curricular event or activity."

 JUSTIFICATION :

Epilepsy is defined by the national Epilepsy Foundation as, "a medical
condition that produces seizures affecting a variety of mental and
physical functions." The Foundation reports that approximately 1 in 26
Americans will develop epilepsy at some point during their life.  For
most, conventional medications that are taken orally are effective in
controlling seizures.

But some children are susceptible to what are called, prolonged,
cluster, or status seizures, which may last longer than five minutes
and can lead to serious injury and even death. For these children, a
physician may prescribe Diastat, an emergency seizure medication, to
be administered on an emergency basis. Diastat must be administered in
a timely manner when such a prolonged seizure or cluster of seizures
occurs in order to be effective.

In the past, New York State allowed teachers to administer this drug
in emergency situations. However under the Nurse Practice Act, the
administration of Diastat was limited to nurses and certain health
care professionals. Small, private schools do not always generate the
revenue to employ a nurse full time, thus leaving these schools with
an ethical dilemma: not to provide a life saving fix because of the
law, or disobey the law to save a child.

By authorizing trained individuals to administer Diastat in emergency
situations at schools with less than one hundred students we ensure
that all students at various educational settings are afforded the
same medical support.

 LEGISLATIVE HISTORY :

S.7707 Referred to Education.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately after it shall have become a
law.