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20LSO-0458
2020
STATE OF WYOMING
20LSO-0458
Numbered
2.0
HOUSE BILL NO. HB0141
Seizure safe schools.
Sponsored by: Representative(s) Duncan, Barlow, Connolly, Hallinan, Kirkbride and Wilson and Senator(s) Baldwin and Steinmetz
A BILL
for
AN ACT relating to public schools; imposing requirements on school districts relating to students with seizure disorders; creating associated authority for the department of education; creating civil immunity as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 21
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4
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317 is created to read:
21
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4
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317.
Seizure Safe Schools Act.
(a)
This section may be cited as the "Seizure Safe Schools Act."
(b)
Each school district shall provide appropriate training to all teachers, principals, counselors, classroom aides, bus drivers and other school personnel with direct contact and supervision of students to recognize the signs and symptoms of seizures and administer seizure first aid.
(c)
The department of education may develop training programs and guidelines for use by school districts in the health care needs of students diagnosed with a seizure disorder. The programs and guidelines shall be consistent with training programs and guidelines developed by a nationally recognized epilepsy organization. No school district shall be mandated to use the training programs or guidelines developed by the department of education.
(d)
In addition to the requirements of subsection (b) of this section, beginning July 1, 2021, each school district board shall ensure that in each school within the district there is at least one (1) school employee who has
been trained to administer, or assist with the self
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administration of, a medication prescribed to treat a seizure or seizure disorder symptoms approved by the United States food and drug administration. A person shall meet this requirement if the person has been trained to:
(i)
Recognize the signs and symptoms of seizures; and
(ii)
Take appropriate action to respond to seizure symptoms, including:
(A)
Administer seizure medication; and
(B)
Perform manual
vagus
nerve stimulation.
(e)
A registered nurse or a licensed practical nurse employed by a school district as a school nurse who is present at a school shall be deemed to satisfy the requirement of subsection (d) of this section if the nurse is assigned to administer seizure medications and perform vagus nerve stimulation when necessary.
(f)
Prior to administering a seizure medication to a student who has a seizure disorder and who has been prescribed a medication to treat the seizure disorder or seizure symptoms approved by the United States food and drug administration, the student's parent or guardian shall do all of the following:
(i)
Provide the student's school with written authorization to administer the medication at school;
(ii)
Provide a written statement from the student's health care practitioner, which shall contain the following information:
(A)
The student's name;
(B)
The name and purpose of the medication;
(C)
The prescribed dosage;
(D)
The route of administration;
(E)
The frequency that the medication may be administered; and
(F)
The circumstances under which the medication may be administered.
(iii)
Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact; and
(iv)
Collaborate with school personnel to create a seizure action plan for the student.
(g)
The written documents and the seizure action plan required under subsection (f) of this section shall be kept on file in an office of the school nurse or school administrator. The written documents and the seizure action plan shall be valid for one (1) school year and shall be renewed annually.
(h)
To the extent possible under federal law, the seizure action plan shall be distributed to any school personnel or volunteer responsible for the supervision of the student.
(j)
The department of education may develop guidelines for the development and content of seizure action plans.
(k)
A school district and those persons specified in this subsection shall not be liable for damages for any injuries that result from the administration of, self
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administration of, or failure to administer seizure medication or treatment that may constitute ordinary negligence. This immunity applies regardless of whether authorization was provided by the student's parent or guardian or by the student's health care provider. This immunity does not apply to acts or omissions constituting gross, willful or wanton negligence. The administration of seizure medication or treatment in accordance with this section is not the practice of medicine. The immunity from liability provided under this section is in addition to and
not in lieu of that provided under W.S. 1
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1
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120. The immunity provided in this subsection extends to:
(i)
A district board, school nurses, employees, agents and volunteers of the district;
(ii)
An authorized health care provider who prescribes seizure medication; and
(iii)
An individual or entity that conducts the training described in this section.
(m)
Nothing in this section shall be held to limit or affect the authorization for self
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administration of medication under W.S. 21
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310.
Section 2.
This act is effective July 1, 2020
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(END)
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HB0141