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.