Bill Text For HB2662 - Proposed Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 58th Legislature (2021)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 2662                  By: Lowe (Dick) and Echols of     |
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  |                                         Rader of the Senate           |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       An Act relating to schools; creating the Seizure-Safe           |
  |       Schools Act; providing short title; defining term;              |
11|       requiring school employee to have certain training by           |
  |       certain date; requiring school seizure training                 |
12|       programs and guidelines meet certain criteria;                  |
  |       requiring written parent authorization, written                 |
13|       statement and certain plan for administration of                |
  |       certain medication; requiring school to maintain                |
14|       certain records; providing applicability of act;                |
  |       authorizing promulgation of rules; allowing schools             |
15|       to provide certain education programs; providing                |
  |       exemption from certain disciplinary proceedings;                |
16|       providing for immunity from certain liability;                  |
  |       providing for codification; and declaring an                    |
17|       emergency.                                                      |
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20|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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21|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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22|in the Oklahoma Statutes as Section 1210.185 of Title 70, unless       |
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23|there is created a duplication in numbering, reads as follows:         |
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   Req. No. 1997                                                   Page 1
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 1|    A.  This act shall be known and may be cited as the                |
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 2|"Seizure-Safe Schools Act".                                            |
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 3|    B.  As used in the Seizure-Safe Schools Act, "seizure action       |
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 4|plan" means a written, individualized health plan designed to          |
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 5|acknowledge and prepare for the health care needs of a student         |
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 6|diagnosed with a seizure disorder.                                     |
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 7|    C.  Beginning January 1, 2022, the board of each local public      |
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 8|school district shall have at least one school employee at each        |
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 9|school who has met the training requirements necessary to:             |
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10|    1.  Administer or assist with the self-administration of a         |
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11|seizure rescue medication or medication prescribed to treat seizure    |
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12|disorder symptoms as approved by the United States Food and Drug       |
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13|Administration and any successor agency; and                           |
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14|    2.  Recognize the signs and symptoms of seizures and the           |
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15|appropriate steps to be taken to respond to these symptoms.            |
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16|    D.  Any training programs or guidelines adopted by any state       |
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17|agency for the training of school personnel in the health care needs   |
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18|of any student diagnosed with a seizure disorder shall be fully        |
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19|consistent with training programs and guidelines developed by the      |
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20|Epilepsy Foundation of America and any successor organization.         |
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21|Notwithstanding any state agency requirement or other law to the       |
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22|contrary, for the purposes of this training, a local school district   |
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23|shall be permitted to use any adequate and appropriate training        |
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   Req. No. 1997                                                   Page 2
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 1|programs or guidelines for training of school personnel in the         |
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 2|seizure disorder care tasks covered under this section.                |
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 3|    E.  Before a seizure rescue medication can be administered to a    |
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 4|student to treat seizure disorder symptoms, the student's parent or    |
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 5|legal guardian shall:                                                  |
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 6|    1.  Provide the school with written authorization to administer    |
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 7|the medication at school;                                              |
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 8|    2.  Provide a written statement from the student's health care     |
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 9|provider that shall contain the following information:                 |
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10|         a.    the student's name,                                     |
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11|         b.    the name and purpose of the medication,                 |
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12|         c.    the prescribed dosage,                                  |
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13|         d.    the route of administration,                            |
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14|         e.    the frequency that the medication may be                |
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15|              administered, and                                        |
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16|         f.    the circumstances under which the medication may be     |
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17|              administered;                                            |
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18|    3.  Provide the prescribed medication to the school in its         |
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19|unopened, sealed package with the label affixed by the dispensing      |
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20|pharmacy intact; and                                                   |
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21|    4.  Collaborate with school personnel to create a seizure action   |
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22|plan.                                                                  |
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23|    F.  The statements and seizure action plan required in             |
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24|subsection E of this section shall be kept on file in the office of    |
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   Req. No. 1997                                                   Page 3
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 1|the school nurse or school administrator and shall be distributed to   |
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 2|any school personnel or volunteers responsible for the supervision     |
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 3|or care of the student.                                                |
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 4|    G.  The authorization for the administration of seizure rescue     |
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 5|medications provided in subsection E of this section shall be          |
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 6|effective for the school year in which it is granted and may be        |
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 7|renewed each following school year upon fulfilling the requirements    |
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 8|of subsections E and F of this section.                                |
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 9|    H.  The Seizure-Safe Schools Act shall apply only to a school      |
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10|that has a student enrolled who has a seizure disorder and has a       |
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11|seizure rescue medication or medication prescribed to treat seizure    |
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12|disorder symptoms approved by the United States Food and Drug          |
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13|Administration and any successor agency prescribed by the student's    |
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14|health care provider.                                                  |
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15|    I.  Every public school may provide an age-appropriate seizure     |
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16|education program to all students on seizures and seizure disorders.   |
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17| The seizure education program shall be consistent with guidelines     |
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18|published by the Epilepsy Foundation of America and any successor      |
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19|organization.  The State Board of Education may promulgate             |
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20|administrative rules for the development and implementation of the     |
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21|seizure education program and the procedures for the development and   |
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22|content of seizure action plans.                                       |
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23|    J.  1.  A school employee may not be subject to any disciplinary   |
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24|proceeding resulting from an action taken in compliance with the       |
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   Req. No. 1997                                                   Page 4
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 1|Seizure-Safe Schools Act.  Any employee acting in accordance with      |
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 2|the provisions of this act shall be immune from civil liability        |
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 3|unless the actions of the employee rise to a level of reckless or      |
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 4|intentional misconduct.                                                |
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 5|    2.  A school nurse shall not be responsible for and shall not be   |
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 6|subject to disciplinary action for actions performed by a volunteer.   |
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 7|    SECTION 2.  It being immediately necessary for the preservation    |
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 8|of the public peace, health or safety, an emergency is hereby          |
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 9|declared to exist, by reason whereof this act shall take effect and    |
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10|be in full force from and after its passage and approval.              |
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12|    58-1-1997      EB        4/1/2021 4:08:48 PM                       |
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   Req. No. 1997                                                   Page 5
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