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Allows for unlicensed personnel to administer seizure rescue medication in schools
(D) 50th Senate District
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Mar 10, 2022 | referred to education delivered to assembly passed senate |
| Feb 17, 2022 | advanced to third reading |
| Feb 16, 2022 | 2nd report cal. |
| Feb 15, 2022 | 1st report cal.507 |
| Jan 05, 2022 | referred to education returned to senate died in assembly |
| May 25, 2021 | referred to education delivered to assembly passed senate |
| May 19, 2021 | advanced to third reading |
| May 12, 2021 | 2nd report cal. |
| May 11, 2021 | 1st report cal.997 |
| Feb 08, 2021 | referred to education |
(D) 15th Senate District
(D) Senate District
(R, C, IP) 54th Senate District
See Assembly Version of this Bill: A8049 Current Committee: Assembly Education Law Section: Education Law Laws Affected: Amd §921, add §§902-c & 916-c, Ed L Versions Introduced in 2023-2024 Legislative Session: S3129, A5434
Allows for unlicensed personnel to administer certain seizure rescue medication in schools, on school grounds and at school events; provides that such medicine may be left with a school health official to be used as needed.
BILL NUMBER: S4650 SPONSOR: MANNION TITLE OF BILL: An act to amend the education law, in relation to allowing for unli- censed personnel to administer seizure rescue medication PURPOSE OR GENERAL IDEA OF BILL: Authorizes school districts to have licensed professionals administer seizure rescue nasal sprays, licensed individuals to teach unlicensed individuals how to administer such rescue nasal spray and authorize students to carry such medication in schools. SUMMARY OF PROVISIONS: Section 1. Amends Section 921 of the education law to include diazepam or midazolam nasal spray as a medication in which licensed medical professionals may administer at schools in rescue situations
Section 2. Creates two new sections in the education law 902-c. Allowing for licensed medical professionals to optionally teach a unlicensed person how to administer diazepam or midazolam nasal spray for a student having a seizure. Provides liability protection for a school district, BOCES, their agents or employees for good faith compliance with this section 916-c. Allows for students who have been diagnosed with epilepsy to carry seizure rescue medication with parental consent. This section does not require a school district to carry or provide seizure rescue medication or require the hiring of a licensed medical professional and provides liability protection. Section 3. Effective Date. JUSTIFICATION: According to the NYS Department of Health, it is estimated that 180,000 New Yorkers have epilepsy and roughly 1 in 10 diagnosed individuals will have a seizure in their lifetime. An individual prone to seizures has no control over when and where such seizures will occur. As students are under the care of a school district for several hours a day whether in the classroom, on school grounds for extracurricular activities or on the school bus. Under this legislation, school districts who have an enrolled student with epilepsy would be allowed to train their staff with the skills to administer life saving medication to a student.4 Various medications are available to treat individuals having a severe seizure, however nasal sprays are easiest for unlicensed individuals to administer in an emergency situation. The Epilepsy Foundation and their local affiliates offer training classes for school personnel, but that is no substitute for being able to use a life saving medication. This legislation will enable schools to help a student in an emergency, give parents the peace of mind that their child will be taken care of during school hours, and provide liability protection to school districts making a good faith effort to help their students. LEGISLATIVE HISTORY: New Bill FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: Immediately
S T A T E O F N E W Y O R K ________________________________________________________________________ 4650 2021-2022 Regular Sessions I N S E N A T E February 8, 2021 ___________ Introduced by Sen. MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to allowing for unli- censed personnel to administer seizure rescue medication THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 921 of the education law, as added by chapter 423 of the laws of 2014, is amended to read as follows: 1. The board of education or trustees of each school district and board of cooperative educational services and nonpublic schools are authorized, but not obligated to have licensed registered professional nurses, nurse practitioners, physician assistants, and physicians train unlicensed school personnel to inject prescribed glucagon or epinephrine auto injectors, OR ADMINISTER DIAZEPAM OR MIDAZOLAM NASAL SPRAY in emer- gency situations, where an appropriately licensed health professional is not available, to pupils who have the written permission of a physician or other duly authorized health care provider for the administration of injectable glucagon [or], emergency epinephrine auto injector, OR DIAZEPAM OR MIDAZOLAM NASAL SPRAY, along with written parental consent, during the school day on school property and at any school function as such terms are defined, respectively, by subdivisions one and two of section eleven of this chapter. Training must be provided by a physician or other duly authorized licensed health care professional in a compe- tent manner and must be completed in a form and manner prescribed by the commissioner in regulation. § 2. The education law is amended by adding two new sections 902-c and 916-c to read as follows: § 902-C. TREATMENT OF STUDENTS DIAGNOSED WITH EPILEPSY BY SCHOOL PERSONNEL. 1. LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN ASSIST- ANTS, OR PHYSICIANS EMPLOYED BY SCHOOL DISTRICTS OR BOARDS OF COOPER- ATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED TO ADMINISTER PRESCRIBED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD08658-01-1 S. 4650 2 DIAZEPAM OR MIDAZOLAM NASAL SPRAY, TO TEACH AN UNLICENSED PERSON TO ADMINISTER A DIAZEPAM OR MIDAZOLAM NASAL SPRAY TO AN INDIVIDUAL, AND TO PERFORM OTHER AUTHORIZED SERVICES PURSUANT TO THE SCOPE OF PRACTICE OF THE LICENSED INDIVIDUAL UNDER TITLE EIGHT OF THIS CHAPTER, TO PUPILS WHO HAVE RECEIVED WRITTEN PERMISSION BY A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER AND WRITTEN PARENTAL CONSENT TO CARRY AND USE A DIAZEPAM OR MIDAZOLAM NASAL SPRAY PURSUANT TO SECTION NINE HUNDRED SIXTEEN-C OF THIS ARTICLE DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION. NOTHING IN THIS SECTION SHALL AUTHORIZE UNLICENSED PERSONS TO PERFORM THESE SERVICES EXCEPT AS OTHERWISE PERMITTED BY SECTION NINE HUNDRED TWENTY-ONE OF THIS ARTICLE. 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION. § 916-C. PUPILS WITH EPILEPSY. 1. THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOW PUPILS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH EPILEPSY TO CARRY AND USE A PRESCRIBED NASAL SPRAY FOR THE EMERGENCY TREATMENT OF SEIZURES DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL FUNCTION WITH THE WRITTEN PERMISSION OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER, AND WRITTEN PARENTAL CONSENT. THE WRITTEN PERMISSION SHALL INCLUDE AN ATTESTATION BY SUCH PHYSICIAN OR HEALTH CARE PROVIDER CONFIRMING: (A) THE PUPIL'S DIAGNOSIS OF EPILEPSY FOR WHICH A DIAZEPAM OR MIDAZOLAM NASAL SPRAY IS NEEDED; AND (B) THAT THE PUPIL HAS DEMON- STRATED THAT HE OR SHE CAN SELF-ADMINISTER THE PRESCRIBED DIAZEPAM OR MIDAZOLAM NASAL SPRAY EFFECTIVELY. SUCH WRITTEN PERMISSION SHALL ALSO INCLUDE THE CIRCUMSTANCES WHICH MAY WARRANT THE USE OF A DIAZEPAM OR MIDAZOLAM NASAL SPRAY. A RECORD OF SUCH CONSENT AND PERMISSION SHALL BE MAINTAINED IN THE STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDITION, UPON THE WRITTEN REQUEST OF A PARENT OR PERSON IN PARENTAL RELATION, THE BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT AND BOARD OF COOP- ERATIVE EDUCATIONAL SERVICES SHALL ALLOW SUCH PUPILS TO MAINTAIN AN EXTRA DIAZEPAM OR MIDAZOLAM NASAL SPRAY FOR THE EMERGENCY TREATMENT OF SEIZURES IN THE CARE AND CUSTODY OF A LICENSED NURSE, NURSE PRACTITION- ER, PHYSICIAN ASSISTANT, OR PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND SHALL BE READILY ACCESSIBLE TO SUCH PUPIL. NOTHING IN THIS SECTION SHALL REQUIRE A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO RETAIN A LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN SOLELY FOR THE PURPOSE OF TAKING CUSTODY OF A SPARE DIAZEPAM OR MIDAZOLAM NASAL SPRAY FOR THE EMERGENCY TREATMENT OF SEIZURES, OR REQUIRE THAT A LICENSED NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN BE AVAIL- ABLE AT ALL TIMES IN A SCHOOL BUILDING FOR TAKING CUSTODY OF THE DIAZEP- AM OR MIDAZOLAM NASAL SPRAY. IN ADDITION, THE DIAZEPAM OR MIDAZOLAM NASAL SPRAY PROVIDED BY THE PUPIL'S PARENTS OR PERSONS IN PARENTAL RELATION WILL BE MADE AVAILABLE TO THE PUPIL AS NEEDED IN ACCORDANCE WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSI- CIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER. 2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS A RESULT OF ANY HARM OR INJURY SUSTAINED BY A PUPIL OR OTHER PERSON CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION. § 3. This act shall take effect immediately.
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