Allows for unlicensed personnel to administer certain seizure rescue medication in schools, on school grounds and at school events; provides that such medicine may be left with a school health official to be used as needed.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5434
SPONSOR: Hunter TITLE OF BILL:
An act to amend the education law, in relation to allowing for unli-
censed personnel to administer seizure rescue medication
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes school districts to have licensed professionals administer
seizure rescue nasal sprays, licensed individuals to teach unlicensed
individuals how to administer such rescue nasal spray and authorize
students to carry such medication in schools.
SUMMARY OF PROVISIONS:
Section 1. Amends Section. 921 of the education law to include diazepam
or midazolam nasal spray as a medication in which licensed medical
professionals may-administer at schools in rescue situations
Section 2. Creates two new sections in the education law 902-c. Allowing
for licensed medical professionals to optionally teach a unlicensed
person how to administer diazepam or midazolam nasal spray for a student
having a seizure. Provides liability protection for a school district,
BOCES, their agents or employees for good faith compliance with this
section 916-c. Allows for students who have been diagnosed with epilepsy
to carry seizure rescue medication with parental consent. This section
does not require a school district to carry or provide seizure rescue
medication or require the hiring of a licensed medical professional and
provides liability protection.
Section 3. Effective Date.
JUSTIFICATION:
According to the NYS Department of Health, it is estimated that 180,000
New Yorkers have epilepsy and roughly 1 in 10 diagnosed individuals will
have a seizure in their lifetime. An individual prone to seizures has no
control over when and where such seizures will occur. As students are
under the care of a school district for several hours a day whether in
the classroom, on school grounds for extracurricular activities or on
the school bus. Under this legislation, school districts who have an
enrolled student with epilepsy would be allowed to train their staff
with the skills to administer life saving medication to a student.
Various medications are available to treat individuals having a severe
seizure, however nasal sprays are easiest for unlicensed individuals to
administer in an emergency situation. The Epilepsy Foundation and their
local affiliates offer training classes for school personnel, but that
is no substitute for being able to use a life saving medication. This
legislation will enable schools to help a student in an emergency, give
parents the peace of mind that their child will be taken care of during
school hours, and provide liability protection to school districts
making a good faith effort to help their students.
LEGISLATIVE HISTORY:
2021-22: A.8049
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Immediately
