Bill Text: NY A09147 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires schools have health care plans in place and teachers trained for if a student has a seizure.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-23 - referred to education [A09147 Detail]

Download: New_York-2019-A09147-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9147

                   IN ASSEMBLY

                                    January 23, 2020
                                       ___________

        Introduced  by  M.  of  A. M. L. MILLER -- read once and referred to the
          Committee on Education

        AN ACT to amend the education law, in relation to requiring schools have
          health care plans in place and teachers trained for if a student has a
          seizure

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 3001-e
     2  to read as follows:
     3    §  3001-e.  Seizure preparedness. 1. For the purposes of this section,
     4  the following terms shall have the following meanings:
     5    (a) "Individualized emergency  health  care  plan"  means  a  document
     6  developed by the school nurse, in consultation with the parent or guard-
     7  ian  of  a student with a seizure disorder and other appropriate medical
     8  professionals, which is  consistent  with  the  recommendations  of  the
     9  student's  health  care providers and which outlines a set of procedural
    10  guidelines that provide specific  directions  about  what  to  do  in  a
    11  particular  emergency  situation and is signed by the parent or guardian
    12  and the school nurse.
    13    (b) "Individualized health care plan" means a  document  developed  by
    14  the  school  nurse,  in  consultation  with  the parent or guardian of a
    15  student with a seizure disorder and other  appropriate  medical  profes-
    16  sionals who may be providing seizure disorder care to the student, which
    17  is  consistent  with  the  recommendations  of the student's health care
    18  providers and which sets out the health services needed by  the  student
    19  at school and is signed by the parent or guardian and the school nurse.
    20    2. (a) The parent or guardian of a student with a seizure disorder who
    21  seeks  seizure  disorder  care  while  at school shall inform the school
    22  nurse who shall develop an individualized health care plan and an  indi-
    23  vidualized  emergency health care plan for the student provided that the
    24  parents or guardians of the student annually provide  to  the  board  of
    25  education  written  authorization  for the provision of seizure disorder
    26  care as shall be outlined in the individualized plans.
    27    (b) The individualized health care plan and  individualized  emergency
    28  health  care  plan  developed  in  accordance with paragraph (a) of this
    29  subdivision shall be updated by the school nurse prior to the  beginning

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14725-01-0
        A. 9147                             2

     1  of  each school year and as necessary if there is a change in the health
     2  status of the student.
     3    (c) Each individualized health care plan shall include, and each indi-
     4  vidualized  emergency health care plan shall include, but not be limited
     5  to, the following information:
     6    (i) written orders from the student's physician or  advanced  practice
     7  nurse outlining the seizure disorder care;
     8    (ii)  the symptoms of the seizure disorder for that particular student
     9  and recommended care;
    10    (iii) full participation in exercise and sports, and any contraindica-
    11  tions to exercise, or accommodations that shall be made for that partic-
    12  ular student;
    13    (iv) accommodations for school trips, after-school  activities,  class
    14  parties, and other school-related activities;
    15    (v)  education of all school personnel about seizure disorders, how to
    16  recognize and provide care for seizure disorders, and when to  call  for
    17  assistance;
    18    (vi)  medical  and  treatment  issues  that may affect the educational
    19  process of the student with the seizure disorder;
    20    (vii) the student's ability to manage,  and  the  student's  level  of
    21  understanding of, the student's seizure disorder; and
    22    (viii)  how  to maintain communication with the student, the student's
    23  parent or guardian and health care  team,  the  school  nurse,  and  the
    24  educational staff.
    25    (d) (i) The school nurse assigned to a particular school shall coordi-
    26  nate  the  provision  of seizure disorder care at that school and ensure
    27  that all staff are trained in the care of students with  seizure  disor-
    28  ders,  including staff working with school-sponsored programs outside of
    29  the regular school day, as provided in the  individualized  health  care
    30  plan and the individualized emergency health care plan.
    31    (ii)  The training required pursuant to subparagraph (i) of this para-
    32  graph shall include an online course  of  instruction  approved  by  the
    33  commissioner  and  provided  by  the  Epilepsy  Foundation of America. A
    34  seizure training program approved by the commissioner that  is  provided
    35  to  a school district on portable media shall be provided by the nonpro-
    36  fit entity free of charge.
    37    3. If a school bus driver transports a student with a  seizure  disor-
    38  der, the school district shall provide the driver with:
    39    (a) a notice of the student's condition;
    40    (b) information on how to provide care for the seizure disorder;
    41    (c) emergency contact information; and
    42    (d) parent contact information.
    43    4.  The  school nurse shall obtain consent from the parent or guardian
    44  of a student with a seizure disorder to authorize the sharing of medical
    45  information between the student's physician or advanced  practice  nurse
    46  and  other health care providers. Such nurse shall also be authorized to
    47  share medical  information  with  other  staff  members  of  the  school
    48  district as necessary.
    49    5.  No school employee, including a school nurse, a school bus driver,
    50  a school bus aide, or any other officer or agent of a  board  of  educa-
    51  tion, shall be held liable for any good faith act or omission consistent
    52  with  the provisions of this section. Good faith shall not include will-
    53  ful misconduct, gross negligence, or recklessness.
    54    § 2. This act shall take effect immediately.