Florida Senate - 2022 SB 340 By Senator Garcia 37-00582-22 2022340__ 1 A bill to be entitled 2 An act relating to care of students with epilepsy or 3 seizure disorders; creating s. 1006.0626, F.S.; 4 defining terms; providing for the creation of an 5 individualized seizure action plan for a student with 6 epilepsy or seizure disorders to receive health care 7 at school; providing requirements for the student’s 8 parent, school nurses, and appropriate school 9 employees; providing requirements for such plans; 10 requiring school nurses or appropriate school 11 employees to coordinate the care of such students and 12 ensure that specified training is provided to 13 specified school employees and individuals; providing 14 requirements for such training; requiring school 15 districts to provide specified information and 16 training to school bus drivers who transport students 17 with epilepsy or seizure disorders; requiring school 18 nurses or appropriate school employees to obtain 19 specified releases relating to the medical information 20 and care of such students; providing immunity from 21 liability under certain conditions; defining the term 22 “good faith”; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 1006.0626, Florida Statutes, is created 27 to read: 28 1006.0626 Care of students with epilepsy or seizure 29 disorders.— 30 (1) As used in this section, the term: 31 (a) “Individualized seizure action plan” means a document 32 developed and signed by a medical professional who provides 33 epilepsy or seizure disorder care to the student, in 34 consultation with the student’s parent, who must also sign the 35 individualized seizure action plan, and reviewed by the school 36 nurse. The individualized seizure action plan must outline a set 37 of procedural guidelines that provide specific directions for 38 the health care services needed by the student at school and 39 what to do in a particular emergency situation. 40 (b) “Medical professional” means a physician licensed under 41 chapter 458 or chapter 459, a physician assistant licensed under 42 chapter 458 or chapter 459, or an advanced practice registered 43 nurse licensed under s. 464.012 who provides epilepsy or seizure 44 disorder care to the student. 45 (c) “School” means a public school within this state. 46 (d) “School employee” means a person employed by the school 47 district at the student’s school of enrollment or who has 48 contact with the student. 49 (e) “Student” means a student enrolled in kindergarten 50 through grade 12 in a public school who has been diagnosed with 51 epilepsy or a seizure disorder. 52 (2)(a) A student’s parent who seeks epilepsy or seizure 53 disorder care for the student while at school or engaged in a 54 school-related activity must inform the school nurse or an 55 appropriate school employee and provide him or her with an 56 individualized seizure action plan. The parent must annually 57 provide written authorization to the school district for the 58 health care services provided through such plan. 59 (b) Individualized seizure action plans must be updated by 60 the medical professional before the beginning of each school 61 year and as necessary if there is a change in the health status 62 of the student. 63 (c) Each individualized seizure action plan must include 64 the following information: 65 1. Written orders from the student’s medical professional 66 outlining the student’s epilepsy or seizure disorder recommended 67 care. 68 2. The student’s epilepsy or seizure disorder symptoms. 69 3. Whether the student can fully participate in physical 70 exercise or athletic competitions, any contraindications to such 71 exercise or competitions, or any accommodations that must be 72 made for the student for such exercise or competitions. 73 4. Any accommodations the student requires for school 74 trips, after-school programs and activities, class parties, and 75 any other school-related activities. 76 5. When and whom to call for medical assistance. 77 6. The student’s ability to manage, and the student’s level 78 of understanding of, his or her epilepsy or seizure disorder. 79 7. How to maintain communication with the student, the 80 student’s parent, and the student’s health care team, school 81 nurse, and educational staff. 82 8. Any rescue medication prescribed by the student’s 83 medical professional and how and when to administer the 84 medication. 85 (3) The school nurse or an appropriate school employee 86 shall: 87 (a) In accordance with s. 1006.062, coordinate the 88 provision of epilepsy and seizure disorder care at his or her 89 school for each student with an individualized seizure action 90 plan, including administering anti-seizure and rescue 91 medications to the student, as outlined in the student’s 92 individualized seizure action plan. 93 (b) Ensure that each school employee and individual working 94 with school-sponsored programs outside of the regular school day 95 are trained every 2 years in the care of students with epilepsy 96 and seizure disorders, including how to recognize the symptoms 97 of and provide care for epilepsy and seizure disorders. Such 98 training must include a course of instruction provided by a 99 nonprofit national organization that supports the welfare of 100 individuals with epilepsy and seizure disorders. The instruction 101 must be approved by the Department of Education and may be 102 provided online or in person. A training program provided to a 103 school district in an online format must be provided by the 104 nonprofit entity free of charge. 105 (4) If a school bus driver transports a student with 106 epilepsy or a seizure disorder, the school district must provide 107 the driver with all of the following: 108 (a) A notice of the student’s condition. 109 (b) Information on how to provide the recommended care for 110 the student if he or she shows symptoms of the epilepsy or 111 seizure disorder. 112 (c) The contact information for the student’s parent and 113 emergency contacts. 114 (d) Epilepsy and seizure disorder first aid training every 115 2 years. 116 (5) The school nurse or an appropriate school employee 117 shall obtain a release from the student’s parent to authorize 118 the sharing of medical information between himself or herself 119 and the student’s health care providers. The release shall also 120 authorize the school nurse or an appropriate school employee to 121 share medical information with other school employees as 122 necessary. 123 (6) A school employee, including a school nurse, a school 124 bus driver, a school bus aide, or any other officer or agent of 125 the school district, acting in good faith is not liable for an 126 act or omission consistent with this section. The Board of 127 Nursing may not take action against a school nurse for any act 128 or omission taken by a person trained by the school nurse 129 pursuant to this section. For purposes of this section, “good 130 faith” does not include willful misconduct, gross negligence, or 131 recklessness. 132 Section 2. This act shall take effect upon becoming a law.