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SEIZURE-RELATED STUDENT ACCOMMODATIONS

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AMENDMENTS

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2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Todd Weiler

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House Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This bill amends provisions related to the administration of services and
11     accommodations for students with epilepsy or other seizure disorders.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     creates requirements for a seizure action plan that may be submitted to a school by
16     the parent of a student with epilepsy or other seizure disorder;
17          ▸     allows a school employee to volunteer to be trained to administer seizure-related
18     services for a student with a seizure action plan; and
19          ▸     requires the Department of Health to develop a program to train school employees
20     who volunteer to be trained to deliver the seizure-related services specified in a
21     student's seizure action plan.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          53G-9-505, as last amended by Laws of Utah 2019, Chapters 293 and 349
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53G-9-505 is amended to read:
32          53G-9-505. Trained school employee volunteers -- Administration of seizure
33     rescue medication -- Seizure action plans -- Exemptions from liability.
34          (1) As used in this section:
35          (a) "Prescribing health care professional" means:
36          (i) a physician and surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
37     Act;
38          (ii) an osteopathic physician and surgeon licensed under Title 58, Chapter 68, Utah
39     Osteopathic Medical Practice Act;
40          (iii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
41     Practice Act; or
42          (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
43     Assistant Act.
44          (b) "Seizure action plan" means a student's Section 504 accommodation plan that
45     specifies the seizure-related services, other than the administration of seizure rescue
46     medication, that the student needs during school hours or at a school-sponsored activity.
47          [(b)] (c) "Seizure rescue authorization" means a student's Section 504 accommodation
48     plan that:
49          (i) certifies that:
50          (A) a prescribing health care professional has prescribed a seizure rescue medication
51     for the student;
52          (B) the student's parent has previously administered the student's seizure rescue
53     medication in a nonmedically-supervised setting without a complication; and
54          (C) the student has previously ceased having full body prolonged or convulsive seizure
55     activity as a result of receiving the seizure rescue medication;
56          (ii) describes the specific seizure rescue medication authorized for the student,
57     including the indicated dose, and instructions for administration;
58          (iii) requests that the student's public school identify and train school employees who
59     are willing to volunteer to receive training to administer a seizure rescue medication in
60     accordance with this section; and
61          (iv) authorizes a trained school employee volunteer to administer a seizure rescue
62     medication in accordance with this section.
63          [(c)] (d) (i) "Seizure rescue medication" means a medication, prescribed by a
64     prescribing health care professional, to be administered as described in a student's seizure
65     rescue authorization, while the student experiences seizure activity.
66          (ii) A seizure rescue medication does not include a medication administered
67     intravenously or intramuscularly.
68          [(d)] (e) "Trained school employee volunteer" means an individual who:
69          (i) is an employee of a public school where at least one student has a seizure rescue
70     authorization or seizure action plan;
71          (ii) is at least 18 years old; [and]
72          [(iii) as described in this section:]
73          [(A)] (iii) volunteers to receive training in the administration of:
74          (A) a seizure rescue medication; or
75          (B) services specified in a student's seizure action plan; and
76          (iv) as described in this section:
77          [(B)] (A) completes a training program [described in this section];
78          [(C)] (B) demonstrates competency on an assessment; and
79          [(D)] (C) completes annual refresher training each year that the individual intends to
80     remain a trained school employee volunteer.
81          (2) (a) A parent of a student with epilepsy or another seizure disorder who seeks
82     seizure-related care, other than the administration of seizure rescue medication, in the school
83     setting may submit a seizure action plan to the student's LEA:
84          (i) at the beginning of the school year;
85          (ii) as soon as practicable following the student's diagnosis; or
86          (iii) when the student's care needs change during the school year.
87          (b) A seizure action plan shall include:
88          (i) services or accommodations that a student with epilepsy or another seizure disorder
89     needs during the school day or at a school-sponsored activity;
90          (ii) the student's health care provider's instructions regarding the student's epilepsy or
91     seizure disorder management during the school day or at a school-sponsored activity; and
92          (iii) emergency contact information.
93          (c) The services and accommodations specified in a seizure action plan shall:
94          (i) be reasonable;
95          (ii) reflect current best practice guidelines for seizure management care; and
96          (iii) include appropriate safeguards to ensure proper disposal of used equipment.
97          (d) The student's parent shall inform the LEA of any changes to the student's seizure
98     action plan.
99          [(2)] (3) [(a)] The Department of Health shall, with input from the state board and a
100     children's hospital, develop [a] training [program] programs for trained school employee
101     volunteers in:
102          (a) the administration of seizure rescue medications that includes:
103          (i) techniques to recognize symptoms that warrant the administration of a seizure
104     rescue medication;
105          (ii) standards and procedures for the storage of a seizure rescue medication;
106          (iii) procedures, in addition to administering a seizure rescue medication, in the event
107     that a student requires administration of the seizure rescue medication, including:
108          (A) calling 911; and
109          (B) contacting the student's parent; and
110          (b) administration of seizure-related services that may be specified in a student's
111     seizure action plan that:
112          (i) includes training in:
113          (A) the basics of seizure recognition and first aid; and
114          (B) appropriate seizure-related emergency protocols; and
115          (ii) is consistent with best practice guidelines issued by the Centers for Disease Control
116     and Prevention.
117          (4) The training programs described in Subsection (3) shall include:
118          [(iv)] (a) an assessment to determine if an individual is competent to administer a
119     seizure rescue medication or other seizure-related services;
120          [(v)] (b) an annual refresher training component; and
121          [(vi)] (c) written materials describing the information required under [this] Subsection
122     [(2)(a)] (3).
123          [(b)] (5) A public school shall retain for reference the written materials described in
124     Subsection [(2)(a)(vi)] (4)(c).
125          [(c)] (6) (a) The following individuals may provide the training described in Subsection
126     [(2)] (3)(a):
127          (i) a school nurse; or
128          (ii) a licensed heath care professional.
129          (b) The following individuals may provide the training described in Subsection (3)(b):
130          (i) a licensed health care professional with expertise in epilepsy; or
131          (ii) an epilepsy educator who has successfully completed relevant curriculum offered
132     by the Centers for Disease Control and Prevention.
133          [(3)] (7) (a) A public school shall, after receiving a seizure rescue authorization or
134     seizure action plan:
135          (i) inform school employees of the opportunity to be a school employee volunteer; and
136          (ii) subject to Subsection [(3)] (7)(b)(ii), provide training, to each school employee
137     who volunteers, using the training [program] programs described in Subsection [(2)(a)] (3).
138          (b) A public school may not:
139          (i) obstruct the identification or training of a trained school employee volunteer; or
140          (ii) compel a school employee to become a trained school employee volunteer.
141          [(4)] (8) (a) A trained school employee volunteer may possess or store a prescribed
142     rescue seizure medication, in accordance with this section.
143          (b) In accordance with a student's seizure action plan, the student may possess the
144     equipment, supplies, and medication necessary to treat the student's epilepsy or other seizure
145     disorder.
146          [(5)] (9) A trained school employee volunteer may administer a seizure rescue
147     medication to a student with a seizure rescue authorization if:
148          (a) the student is exhibiting a symptom, described on the student's seizure rescue
149     authorization, that warrants the administration of a seizure rescue medication; and
150          (b) a licensed health care professional is not immediately available to administer the
151     seizure rescue medication.
152          [(6)] (10) A trained school employee volunteer who administers a seizure rescue
153     medication shall direct an individual to call 911 and take other appropriate actions in
154     accordance with the training described in Subsection [(2)] (3).
155          [(7)] (11) A trained school employee volunteer who administers a seizure rescue
156     medication or other seizure-related services in accordance with this section in good faith is not
157     liable in a civil or criminal action for an act taken or not taken under this section.
158          [(8)] (12) Section 53G-9-502 does not apply to the administration of a seizure rescue
159     medication.
160          [(9)] (13) Section 53G-8-205 does not apply to the possession of a seizure rescue
161     medication in accordance with this section.
162          [(10)] (14) (a) The unlawful or unprofessional conduct provisions of Title 58,
163     Occupations and Professions, do not apply to a person licensed as a health care professional
164     under Title 58, Occupations and Professions, including a nurse, physician, physician assistant,
165     or pharmacist for, in good faith, training a nonlicensed school employee who volunteers to
166     administer a seizure rescue medication or other seizure-related services in accordance with this
167     section.
168          (b) Allowing a trained school employee volunteer to administer a seizure rescue
169     medication or other seizure-related services in accordance with this section does not constitute
170     unlawful or inappropriate delegation under Title 58, Occupations and Professions.