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.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 1006.0626, Florida Statutes, is created
   27  to read:
   28         1006.0626Care 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.