2023 Regular Session
By: Senator(s) Boyd, McCaughn
AN ACT TO PROVIDE THAT BEGINNING ON JULY 1, 2024, EACH PUBLIC SCHOOL BOARD SHALL HAVE AT LEAST ONE EMPLOYEE OR VENDOR AT EACH SCHOOL WHO HAS MET THE TRAINING REQUIREMENTS NECESSARY TO ADMINISTER SEIZURE RESCUE MEDICATION FOR PERSONS EXPERIENCING SEIZURE DISORDER SYMPTOMS; TO REQUIRE TRAINING FOR SUCH PERSON TO BE CONSISTENT WITH GUIDELINES DEVELOPED BY THE EPILEPSY FOUNDATION OF AMERICA OR SIMILAR SUCCESSOR ORGANIZATION; TO REQUIRE THE PARENTS, LEGAL GUARDIANS OR OTHER RESPONSIBLE ADULT OF CHILDREN WHO EXPERIENCE SEIZURE DISORDER SYMPTOMS TO PROVIDE WRITTEN AUTHORIZATION TO THE SCHOOL FOR THE ADMINISTRATION OF NECESSARY MEDICATION, ALONG WITH A WRITTEN STATEMENT FROM THE CHILD'S MEDICAL PROVIDER; TO REQUIRE THE WRITTEN STATEMENT AND THE CHILD'S SEIZURE ACTION PLAN TO BE KEPT ON FILE BY THE SCHOOL NURSE OR SCHOOL ADMINISTRATOR; TO EXEMPT SCHOOL EMPLOYEES ACTING IN GOOD FAITH AND IN SUBSTANTIAL COMPLIANCE WITH A STUDENT'S INDIVIDUAL HEALTH PLAN TO RENDER ASSISTANCE TO A CHILD EXPERIENCING A SEIZURE EPISODE FROM CIVIL AND CRIMINAL LIABILITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this act, the term "seizure action plan" means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a student or employee diagnosed with a seizure disorder.
SECTION 2. (1) (a) Beginning on July 1, 2024, the local school board of each public school district shall have at least one (1) school employee or vendor at each school who has met the training requirements necessary to administer or assist with the self-administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency.
(b) For those assigned the duties under paragraph (a) of this subsection, the training provided shall include instructions in administering seizure medications as well as the recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.
(c) The presence of a registered nurse employed full time by a school who assumes responsibility for the administration of seizure medications may fulfill requirements of paragraphs (a) and (b) of this subsection.
(d) The Mississippi Department of Education shall provide webinar training at no cost and shall make such training available to all public and charter schools in the state. Public and charter schools shall provide training to all relevant personnel who have direct contact and supervision of children, on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
(e) A local school district shall be permitted to use any adequate and appropriate training program or guidelines for training of school personnel in the seizure disorder care tasks covered under this section.
(2) (a) Before administering a seizure rescue medication or medication prescribed to treat seizure disorder symptoms, the student's parent, guardian or responsible adult shall:
(i) Provide the school with a written authorization to administer the medication at school;
(ii) Provide a written statement from the person's health care practitioner, which shall contain the following information:
1. Full name;
2. The name and purpose of the medication;
3. The prescribed dosage;
4. The route of administration;
5. The frequency that the medication may be administered; and
6. The circumstances under which the medication may be administered;
(iii) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.
(b) In addition to the statements required in paragraph (a) of this subsection, the parent or guardian, or adult shall collaborate with school personnel to create a seizure action plan.
(3) The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator.
(4) The permission for the administration of any of the medications authorized under subsection (1)(a) of this section shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (2) through (4) of this section.
(5) The requirements of this section shall apply only to schools that have an adult employee or enrolled student who has a seizure disorder, a seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency prescribed by the student's health care provider.
SECTION 3. A school district, school district employee or agent acting in good faith and in substantial compliance with the student's individual health plan and the instructions of the student's licensed health care professional, that provides assistance or services under this act shall be immune from criminal prosecution and shall not be liable in any criminal action for civil damages in his or her individual, marital, governmental, corporate or other capacities as a result of the services provided under this act to students with epilepsy or seizure disorders.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023.