Requires public schools to develop policy for emergency administration of nasal seizure rescue medication and use of manual vagus nerve stimulator on student with seizure disorder.

A1442

ASSEMBLY, No. 1442

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ERIK K. SIMONSEN

District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:

Assemblymen Barlas, DePhillips and Assemblywoman Dunn

SYNOPSIS

���� Requires public schools to develop policy for
emergency administration of nasal seizure rescue medication and use of manual
vagus nerve stimulator on student with seizure disorder.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning seizure disorder emergencies in
public schools and amending and supplementing P.L.2019, c.290.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.2019,
c.290 (C.18A:40-12.34) is amended to read as follows:

���� 1.��� As used in
[
this act
]
�
P.L.2019,
c.290 (C.18A:40-12.34 et seq.) and P.L.�� , c.�� (C.��� ) (pending before the
Legislature as this bill)
:

���� "Individualized emergency
health care plan" means a document developed by the school nurse, in
consultation with the parent or guardian of a student with epilepsy or a
seizure disorder and other appropriate medical professionals, which is consistent
with the recommendations of the student's health care providers and which
provides specific actions for non-medical school staff to do in a particular
emergency situation and is signed by the parent or guardian and the school
nurse.

���� "Individualized health
care plan" means a document developed by the school nurse, in consultation
with the parent or guardian of a student with epilepsy or a seizure disorder
and other appropriate medical professionals who may be providing epilepsy or
seizure disorder care to the student, which is consistent with the
recommendations of the student's health care providers and which sets out the
health services needed by the student at school and is signed by the parent or
guardian and the school nurse.

���� "School" means an
elementary or secondary public school located within this State.

���� "School employee"
means a person employed by a school district.

���� "Seizure action
plan" means a comprehensive document provided by the student's physician,
advanced practice nurse, or physician's assistant which includes, but is not
limited to, information regarding presentation of seizures, seizure triggers,
daily seizure medications, seizure first aid, and additional treatments.�
The
seizure action plan shall indicate whether a non-nursing employee may be
designated to: administer emergency nasal rescue medication; and use a manual
vagus nerve stimulator.�

(cf: P.L.2019, c.290, s.1)

���� 2.��� Section 5 of P.L.2019,
c.290 (C.18A:40-12.38) is amended to read as follows:

���� 5.��� No school employee,
including a school nurse, a school bus driver, a school bus 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 act
]

P.L.2019,
c.290 (C.18A:40-12.34 et seq.) and P.L.�� , c.�� (C.��� ) (pending before the
Legislature as this bill)
, nor shall an action before the New Jersey State
Board of Nursing lie against a school nurse for any such action taken by a
person trained in good faith by the school nurse pursuant to
[
this act
]

these acts
.�
Good faith shall not include willful misconduct, gross negligence, or
recklessness.

(cf: P.L.2019, c.290, s.5)

���� 3.��� (New section) a.� Each
board of education shall develop a policy in accordance with the guidelines
established by the Department of Education pursuant to section 4 of P.L.�� ,
c.�� (C.��� ) (pending before the Legislature as this bill) for the emergency administration
of nasal seizure rescue medication and the emergency use of a manual vagus
nerve stimulator on a student with a seizure disorder.

���� b. The policy shall provide
that the school nurse shall have the primary responsibility for the
administration of nasal seizure rescue medication and the use of a manual vagus
nerve stimulator.� The certified school nurse shall designate, in consultation
with the board of education, at least two additional employees of the school
district who volunteer to administer the nasal seizure rescue medication and
use a manual vagus nerve stimulator on a student when the school nurse is not
physically present at the scene.� The Department of Education, in consultation
with the Department of Health, shall require trained designees for students
enrolled in a school who may require the emergency administration of the nasal
seizure rescue medication or the use of a manual vagus nerve stimulator.

���� c.� The certified school nurse
shall determine that:

���� (1)�� the designees have been
properly trained in the administration of the nasal seizure rescue medication
and the use of a manual vagus nerve stimulator using standardized training
protocols established by the Department of Education and the Department of Health;

���� (2)�� the parents or guardians
of the student consent in writing to the administration of the nasal seizure
rescue medication and use of a manual vagus nerve stimulator by the designees;

���� (3)�� the school board informs
the parents or guardians of the student in writing that the school district and
its employees or agents shall have no liability as a result of any injury
arising from the administration of the nasal seizure rescue medication and the
use of a manual vagus nerve stimulator on the student;

���� (4)�� the parents or guardians
of the student sign a statement acknowledging their understanding that the
district shall have no liability as a result of any injury arising from the
administration of the nasal seizure rescue medication and the use of a manual vagus
nerve stimulator on the student and that the parents or guardians shall
indemnify and hold harmless the district and its employees or agents against
any claims arising out of the administration of the nasal seizure rescue
medication and the use of a manual vagus nerve stimulator on the student; and

���� (5)�� the permission is
effective for the school year for which it is granted and is renewed for each
subsequent school year upon fulfillment of the requirements in paragraphs (1)
through (4) of this subsection.

���� d.� The policy shall also
require:

���� (1)�� the transportation of
the student to a hospital emergency room by emergency services personnel after
the administration of the nasal seizure rescue medication, and if indicated in
the emergency action plan after the use of a manual vagus nerve stimulator.�
The student shall be evaluated and receive medical clearance to return to
school;

���� (2)�� an alternative plan in
the case that a student�s seizure action plan does not permit the
administration of nasal seizure rescue medication or the use of a manual vagus
nerve stimulator by a designee.� An alternative plan may provide for seizure
first aid, a request for emergency services personnel, or any other action
deemed appropriate; and

���� (3)�� the parent or guardian
to provide an ample supply of the prescribed nasal seizure rescue medication to
the school nurse and to the designees.� Alternatively, if provided for in the
seizure action plan, the nasal seizure rescue medication may be permitted to be
carried on the student�s person.�

���� 4.��� (New section)� a. The
Department of Education, in consultation with the Department of Health,
appropriate medical experts, and professional organizations representing school
nurses, principals, and teachers, shall establish and disseminate to each board
of education guidelines for the development of a policy by a school district
for the emergency administration of nasal seizure rescue medication and the use
of a manual vagus nerve stimulator on students.

���� b.� Each board of education
shall implement in the schools of the district the guidelines established and
disseminated pursuant to subsection a. of this section.

���� 5.��� (New section)� a. In an
effort to assist the certified school nurse in a school district in recruiting
and training additional school employees as volunteer designees to administer
the nasal seizure rescue medication and use a manual vagus nerve stimulator
when the school nurse is not physically present, the Department of Education
and the Department of Health shall jointly develop training protocols, in
consultation with the New Jersey State School Nurses Association.

���� b. The certified school nurse
in consultation with the board of education shall recruit and train volunteer
designees who are determined acceptable candidates by the school nurse as
deemed necessary by the nursing service plan.

���� 6.��� (New section)� The
Department of Education shall take appropriate action to ensure that each
school district incorporates age-appropriate education on epilepsy and seizure
disorders, consistent with the classroom education programs developed by the
Epilepsy Foundation of America or any successor organization, for students at
least once between kindergarten and third grade and at least once between grades
six and 12.

���� 7.��� This act shall take
effect on the first day of the 12th month next following the date of enactment,
except that the Department of Education may take any anticipatory
administrative action in advance as shall be necessary for the implementation
of this act, including the development of training protocols for the
administration of nasal seizure rescue medication and the use of manual vagus
nerve stimulators by school employees designated by the certified school nurse.

STATEMENT

���� This bill requires a board of
education to develop a policy in accordance with the guidelines established by
the Department of Education for the emergency administration of nasal seizure
rescue medication and the emergency use of a manual vagus nerve stimulator on a
student with a seizure disorder.� Pursuant to the policy, the school nurse is
to have the primary responsibility for the administration of nasal seizure
rescue medication.� The certified school nurse is required to designate at
least two additional employees of the school district who volunteer to
administer the nasal seizure rescue medication and use a manual vagus nerve
stimulator on a student when the school nurse is not physically present at the
scene.�

���� The certified school nurse is
required to determine that:

�

the designees
have been properly trained;

�

the parents of
the student consent in writing to the administration of the nasal seizure
rescue medication and use of a manual vagus nerve stimulator by the designees;

�

the parents are
informed in writing that the district and its employees have no liability as a
result of any injury arising from the administration of the nasal seizure
rescue medication and the use of a manual vagus nerve stimulator; and

�

the parents
sign a statement acknowledging their understanding that the district has no
liability as a result of any injury arising from the administration of the
nasal seizure rescue medication and the use of a manual vagus nerve stimulator.

���� The policy developed by the
school district is to require:

���� (1) the transportation of the
student to a hospital emergency room by emergency services personnel after the
administration of the nasal seizure rescue medication, and if indicated in the
emergency action plan after the use of a manual vagus nerve stimulator.� The
student is to be evaluated and receive medical clearance in order to return to
school;

���� (2)� an alternative plan in
the case that a student�s seizure action plan does not permit the
administration of nasal seizure rescue medication or the use of a manual vagus
nerve stimulator by a designee; and

���� (3)� the parent to provide an
ample supply of the prescribed nasal seizure rescue medication to the school
nurse and to the designees.� Alternatively, if provided for in the seizure
action plan, the nasal seizure rescue medication may be permitted to be carried
on the student�s person.�

���� The Department of Education,
in consultation with the Department of Health, appropriate medical experts, and
professional organizations representing school nurses, principals, and
teachers, is required to establish and disseminate to each board of education
guidelines for the development of a policy by a school district for the
emergency administration of nasal seizure rescue medication and the use of a
manual vagus nerve stimulator on students.� The Departments of Education and
Health are also required to jointly develop protocols, in consultation with the
New Jersey State School Nurses Association, for the training of additional
school employees as volunteer designees to administer the nasal seizure rescue
medication and use a manual vagus nerve stimulator when the school nurse is not
physically present.

���� The bill requires the
Department of Education to take appropriate action to ensure that each school
district incorporates age-appropriate education on epilepsy and seizure
disorders, consistent with the classroom education programs developed by the
Epilepsy Foundation of America, at least once between kindergarten and third
grade and at least once between grades six and 12.�

���� The bill will take effect on
the first day of the 12th month next following the date of enactment, except
that the Department of Education may take anticipatory administrative action to
implement the bill�s provisions.� This delayed effective date will allow time
for the development of training protocols for school employees designated by
the certified school nurse to administer the nasal seizure rescue medication or
use the manual vagus nerve stimulator when the school nurse is not present.�