Bill Text For HB2662 - Senate Floor Version

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  |                            April 6, 2021                              |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 2662                        By: Lowe (Dick) and Echols of     |
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 6|                                         Rader of the Senate           |
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 9|       An Act relating to schools; creating the Seizure-Safe           |
  |       Schools Act; defining term; requiring school employee           |
10|       to have certain training; requiring school seizure              |
  |       training programs and guidelines meet certain                   |
11|       criteria; requiring written parent authorization and            |
  |       plan for administration of certain medication;                  |
12|       requiring school to maintain certain records;                   |
  |       providing applicability of act; authorizing schools             |
13|       to provide certain educational programs; authorizing            |
  |       promulgation of rules; limiting liability; providing            |
14|       for codification; and declaring an emergency.                   |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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19|in the Oklahoma Statutes as Section 1210.185 of Title 70, unless       |
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20|there is created a duplication in numbering, reads as follows:         |
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21|    A.  This act shall be known and may be cited as the                |
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22|"Seizure-Safe Schools Act".                                            |
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23|    B.  As used in the Seizure-Safe Schools Act, "seizure action       |
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24|plan" means a written, individualized health plan designed to          |
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arsid14555478 SENATE FLOOR VERSION - HB2662 SFLR                   Page 1
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 1|acknowledge and prepare for the health care needs of a student         |
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 2|diagnosed with a seizure disorder.                                     |
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 3|    C.  Beginning January 1, 2022, the board of each local public      |
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 4|school district shall have at least one school employee at each        |
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 5|school who has met the training requirements necessary to:             |
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 6|    1.  Administer or assist with the self-administration of a         |
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 7|seizure rescue medication or medication prescribed to treat seizure    |
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 8|disorder symptoms as approved by the United States Food and Drug       |
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 9|Administration and any successor agency; and                           |
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10|    2.  Recognize the signs and symptoms of seizures and the           |
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11|appropriate steps to be taken to respond to these symptoms.            |
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12|    D.  Any training programs or guidelines adopted by any state       |
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13|agency for the training of school personnel in the health care needs   |
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14|of any student diagnosed with a seizure disorder shall be fully        |
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15|consistent with training programs and guidelines developed by the      |
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16|Epilepsy Foundation of America and any successor organization.         |
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17|Notwithstanding any state agency requirement or other law to the       |
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18|contrary, for the purposes of this training, a local school district   |
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19|shall be permitted to use any adequate and appropriate training        |
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20|programs or guidelines for training of school personnel in the         |
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21|seizure disorder care tasks covered under this section.                |
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22|    E.  Before a seizure rescue medication can be administered to a    |
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23|student to treat seizure disorder symptoms, the student's parent or    |
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24|legal guardian shall:                                                  |
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arsid14555478 SENATE FLOOR VERSION - HB2662 SFLR                   Page 2
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 1|    1.  Provide the school with written authorization to administer    |
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 2|the medication at school;                                              |
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 3|    2.  Provide a written statement from the student's health care     |
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 4|provider that shall contain the following information:                 |
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 5|         a.    the student's name,                                     |
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 6|         b.    the name and purpose of the medication,                 |
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 7|         c.    the prescribed dosage,                                  |
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 8|         d.    the route of administration,                            |
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 9|         e.    the frequency that the medication may be                |
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10|              administered, and                                        |
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11|         f.    the circumstances under which the medication may be     |
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12|              administered;                                            |
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13|    3.  Provide the prescribed medication to the school in its         |
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14|unopened, sealed package with the label affixed by the dispensing      |
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15|pharmacy intact; and                                                   |
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16|    4.  Collaborate with school personnel to create a seizure action   |
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17|plan.                                                                  |
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18|    F.  The statements and seizure action plan required in             |
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19|subsection E of this section shall be kept on file in the office of    |
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20|the school nurse or school administrator and shall be distributed to   |
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21|any school personnel or volunteers responsible for the supervision     |
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22|or care of the student.                                                |
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23|    G.  The authorization for the administration of seizure rescue     |
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24|medications provided in subsection E of this section shall be          |
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arsid14555478 SENATE FLOOR VERSION - HB2662 SFLR                   Page 3
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 1|effective for the school year in which it is granted and may be        |
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 2|renewed each following school year upon fulfilling the requirements    |
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 3|of subsections E and F of this section.                                |
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 4|    H.  The Seizure-Safe Schools Act shall apply only to a school      |
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 5|that has a student enrolled who has a seizure disorder and has a       |
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 6|seizure rescue medication or medication prescribed to treat seizure    |
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 7|disorder symptoms approved by the United States Food and Drug          |
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 8|Administration and any successor agency prescribed by the student's    |
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 9|health care provider.                                                  |
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10|    I.  Every public school may provide an age-appropriate seizure     |
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11|education program to all students on seizures and seizure disorders.   |
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12| The seizure education program shall be consistent with guidelines     |
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13|published by the Epilepsy Foundation of America and any successor      |
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14|organization.  The State Board of Education may promulgate             |
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15|administrative rules for the development and implementation of the     |
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16|seizure education program and the procedures for the development and   |
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17|content of seizure action plans.                                       |
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18|    J.  A school district, school district employee or agent acting    |
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19|in good faith and in substantial compliance with the student's         |
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20|individual health plan and the instructions of the student's           |
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21|licensed health care professional that provides assistance or          |
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22|services under this act shall not be liable in any criminal action     |
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23|or for civil damages in his or her individual or marital or            |
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24|governmental or corporate or other capacities as a result of the       |
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arsid14555478 SENATE FLOOR VERSION - HB2662 SFLR                   Page 4
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 1|services provided under this act to students with epilepsy or          |
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 2|seizure disorders.                                                     |
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 3|    SECTION 2.  It being immediately necessary for the preservation    |
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 4|of the public peace, health or safety, an emergency is hereby          |
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 5|declared to exist, by reason whereof this act shall take effect and    |
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 6|be in full force from and after its passage and approval.              |
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 7|COMMITTEE REPORT BY: COMMITTEE ON EDUCATION                            |
  |April 6, 2021 - DO PASS                                                |
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arsid14555478 SENATE FLOOR VERSION - HB2662 SFLR                   Page 5
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