Bill Text For SB0128 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 128                         By: Rader and Hicks of the        |
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 6|                                         and                           |
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 7|                                         Lowe (Dick) of the House      |
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10|       An Act relating to schools; creating the Seizure-Safe           |
  |       Schools Act; providing short title; defining term;              |
11|       requiring certain school employee to have certain               |
  |       training by certain date; requiring school seizure              |
12|       training programs and guidelines to meet certain                |
  |       criteria; requiring written parent authorization,               |
13|       written statement and certain action plan prior to              |
  |       administering certain medication; requiring school to           |
14|       maintain certain records; providing applicability of            |
  |       act; authorizing promulgation of rules; providing               |
15|       exemption from certain disciplinary proceeding;                 |
  |       providing for immunity from certain liability;                  |
16|       providing for codification; and declaring an                    |
  |       emergency.                                                      |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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20|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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21|in the Oklahoma Statutes as Section 1210.183 of Title 70, unless       |
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22|there is created a duplication in numbering, reads as follows:         |
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23|    A.  This act shall be known and may be cited as the                |
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24|"Seizure-Safe Schools Act".                                            |
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arsid9373501 (Floor Amendments Only)                               Page 1
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 1|    B.  As used in the Seizure-Safe Schools Act, "seizure action       |
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 2|plan" means a written, individualized health plan designed to          |
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 3|acknowledge and prepare for the health care needs of a student         |
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 4|diagnosed with a seizure disorder.                                     |
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 5|    C.  Beginning January 1, 2022, each school district board of       |
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 6|education shall have at least one school employee at each school who   |
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 7|has met the training requirements necessary to:                        |
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 8|    1.  Administer or assist with the self-administration of a         |
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 9|seizure rescue medication or medication prescribed to treat seizure    |
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10|disorder symptoms as approved by the United States Food and Drug       |
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11|Administration and any successor agency; and                           |
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12|    2.  Recognize the signs and symptoms of seizures and the           |
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13|appropriate steps to be taken to respond to these symptoms.            |
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14|    D.  Any training programs or guidelines adopted by any state       |
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15|agency for the training of school personnel in the health care needs   |
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16|of any student diagnosed with a seizure disorder shall be fully        |
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17|consistent with training programs and guidelines developed by the      |
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18|Epilepsy Foundation of America and any successor organization.         |
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19|Notwithstanding any state agency requirement or other law to the       |
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20|contrary, for the purposes of this training a school district shall    |
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21|be permitted to use any adequate and appropriate training programs     |
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22|or guidelines for training of school personnel in the seizure          |
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23|disorder care tasks covered under this section.                        |
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arsid9373501 (Floor Amendments Only)                               Page 2
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 1|    E.  Before a seizure rescue medication can be administered to a    |
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 2|student to treat seizure disorder symptoms, the student's parent or    |
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 3|legal guardian shall:                                                  |
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 4|    1.  Provide the school with written authorization to administer    |
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 5|the medication at school;                                              |
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 6|    2.  Provide a written statement from the student's health care     |
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 7|provider that shall contain the following information:                 |
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 8|         a.    the student's name,                                     |
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 9|         b.    the name and purpose of the medication,                 |
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10|         c.    the prescribed dosage,                                  |
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11|         d.    the route of administration,                            |
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12|         e.    the frequency that the medication may be                |
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13|              administered, and                                        |
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14|         f.    the circumstances under which the medication may be     |
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15|              administered;                                            |
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16|    3.  Provide the prescribed medication to the school in its         |
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17|unopened, sealed package with the label affixed by the dispensing      |
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18|pharmacy intact; and                                                   |
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19|    4.  Collaborate with school personnel to create a seizure action   |
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20|plan.                                                                  |
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21|    F.  The written authorization, written statement and seizure       |
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22|action plan required in subsection E of this section shall be kept     |
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23|on file in the office of the school nurse or school administrator      |
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arsid9373501 (Floor Amendments Only)                               Page 3
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 1|and shall be distributed to any school personnel or volunteers         |
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 2|responsible for the supervision or care of the student.                |
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 3|    G.  The written authorization for the administration of seizure    |
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 4|rescue medications provided for in subsection E of this section        |
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 5|shall be effective for the school year in which it is granted and      |
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 6|may be renewed each following school year upon fulfilling the          |
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 7|requirements of subsections E and F of this section.                   |
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 8|    H.  The Seizure-Safe Schools Act shall apply only to a school      |
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 9|that has a student enrolled who has a seizure disorder and has a       |
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10|seizure rescue medication or other medication prescribed to treat      |
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11|seizure disorder symptoms approved by the United States Food and       |
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12|Drug Administration and any successor agency prescribed by the         |
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13|student's health care provider.                                        |
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14|    I.  The State Board of Education may promulgate administrative     |
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15|rules for the development and implementation of the seizure            |
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16|education program and the procedures for the development and content   |
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17|of seizure action plans.                                               |
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18|    J.  1.  A school employee may not be subject to any disciplinary   |
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19|proceeding resulting from an action taken in compliance with the       |
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20|Seizure-Safe Schools Act.  Any employee acting in accordance with      |
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21|the provisions of this act shall be immune from civil liability        |
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22|unless the actions of the employee rise to a level of reckless or      |
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23|intentional misconduct.                                                |
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arsid9373501 (Floor Amendments Only)                               Page 4
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 1|    2.  A school nurse shall not be responsible for and shall not be   |
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 2|subject to disciplinary action for actions performed by a volunteer.   |
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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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 8|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/31/2021   |
  |- DO PASS.                                                             |
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arsid9373501 (Floor Amendments Only)                               Page 5
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