Bill Text: IA HF2090 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to seizure disorders and establishing certain requirements for school districts, accredited nonpublic schools, and the department of education, and providing immunity from criminal and civil liability for certain persons who provide related assistance or services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-06 - Subcommittee recommends amendment and passage. [HF2090 Detail]
Download: Iowa-2019-HF2090-Introduced.html
House
File
2090
-
Introduced
HOUSE
FILE
2090
BY
A.
MEYER
A
BILL
FOR
An
Act
relating
to
seizure
disorders
and
establishing
certain
1
requirements
for
school
districts,
accredited
nonpublic
2
schools,
and
the
department
of
education,
and
providing
3
immunity
from
criminal
and
civil
liability
for
certain
4
persons
who
provide
related
assistance
or
services.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
280.13D
Seizure
action
plan
and
1
training
requirements.
2
1.
For
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Individual
health
plan”
means
the
confidential,
written,
5
preplanned,
and
ongoing
special
health
service
developed
for
a
6
student
who
requires
such
service
to
be
incorporated
with
the
7
student’s
educational
program.
8
b.
“Seizure
action
plan”
means
a
written
set
of
instructions
9
designed
to
direct
caregivers
and
staff
to
intervene
in
the
10
event
of
a
seizure
occurrence
and
is
considered
a
plan
for
11
emergencies
as
a
part
of
an
individual
health
plan.
12
2.
a.
Commencing
with
the
school
year
beginning
July
1,
13
2020,
the
board
of
directors
of
each
school
district
and
the
14
authorities
in
charge
of
each
nonpublic
school
shall
have
at
15
least
one
school
employee
at
each
school
who
is
trained
to
16
recognize
the
signs
and
symptoms
of
seizures
and
to
take
the
17
appropriate
steps
to
respond
to
such
symptoms,
and
who
has
met
18
the
training
requirements
necessary
to
administer
or
assist
19
with
the
self-administration
of
all
of
the
following:
20
(1)
A
seizure
rescue
medication
or
medication
prescribed
21
to
treat
seizure
disorder
symptoms
as
approved
by
the
United
22
States
food
and
drug
administration.
23
(2)
A
manual
dose
of
prescribed
electrical
stimulation
24
using
a
vagus
nerve
stimulator
magnet
as
approved
by
the
United
25
States
food
and
drug
administration.
26
b.
The
presence
of
a
registered
nurse
employed
full-time
27
by
a
school
district
or
nonpublic
school
who
assumes
28
responsibility
for
the
administration
of
seizure
medications,
29
and
the
administration
oversight
of
vagus
nerve
stimulation,
30
fulfills
the
requirements
of
paragraph
“a”
.
31
3.
Every
school
attendance
center
shall
provide
training
32
to
principals,
guidance
counselors,
teachers,
and
other
33
relevant
school
personnel
with
direct
contact
and
supervision
34
of
children,
including
bus
drivers
and
paraeducators,
on
the
35
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recognition
of
the
signs
and
symptoms
of
seizures
and
the
1
appropriate
steps
for
seizure
first
aid.
2
4.
Any
training
programs
or
guidelines
adopted
by
any
state
3
agency
for
the
training
of
school
personnel
in
the
health
care
4
needs
of
students
diagnosed
with
a
seizure
disorder
shall
5
be
fully
consistent
with
training
programs
and
guidelines
6
developed
by
the
epilepsy
foundation
of
America
and
any
7
successor
organization.
8
5.
Each
school
district
shall
require
all
school
personnel
9
to
undergo
approved
seizure
recognition
and
first
aid
training
10
on
a
biennial
basis.
11
6.
Nothing
in
this
section
shall
be
construed
to
limit
the
12
authority
of
a
school
district
or
the
department
of
education
13
to
require
additional
seizure
disorder
training.
14
7.
a.
Prior
to
school
personnel
administering
a
seizure
15
rescue
medication
or
medication
prescribed
to
treat
a
student’s
16
seizure
disorder
symptoms,
the
student’s
parent
or
guardian
17
shall
do
all
of
the
following:
18
(1)
Provide
the
school
with
a
written
authorization
to
19
administer
the
medication
at
school.
20
(2)
Provide
a
written
statement
from
the
student’s
health
21
care
practitioner,
which
shall
become
the
basis
for
the
seizure
22
action
plan,
containing
at
a
minimum
all
of
the
following
23
information:
24
(a)
Student’s
name.
25
(b)
The
name
and
purpose
of
the
medication
and
the
26
prescribed
dosage,
and
the
frequency
that
the
medication
may
be
27
administered.
28
(c)
The
route
of
administration
and
the
circumstances
under
29
which
the
medication,
including
seizure
rescue
medication,
may
30
be
administered.
31
(3)
Provide
the
prescribed
medication
to
the
school
in
32
its
unopened,
sealed
package
with
the
label
affixed
by
the
33
dispensing
pharmacy
intact.
34
b.
In
addition
to
the
statement
required
under
paragraph
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“a”
,
the
parent
or
guardian
of
each
student
diagnosed
with
1
a
seizure
disorder
shall
collaborate
with
licensed
health
2
personnel
to
create
an
individual
health
plan,
and
a
seizure
3
action
plan
if
appropriate,
consistent
with
rules
adopted
by
4
the
state
board
of
education.
The
individual
health
plan
shall
5
include
assessment,
nursing
diagnosis,
outcomes,
planning,
6
interventions,
student
goals,
if
applicable,
and
a
plan
for
7
emergencies
to
provide
direction
in
managing
the
student’s
8
health
needs.
The
plan
shall
be
updated
as
needed
and
at
least
9
annually.
10
c.
Each
school
district
and
nonpublic
school
attendance
11
center
shall
keep
the
written
statement,
individual
health
12
plan,
and
seizure
action
plan
on
file
in
the
office
of
the
13
school
nurse
or
school
administrator.
14
8.
Each
school
district
and
nonpublic
school
attendance
15
center
shall
distribute
information
regarding
the
seizure
16
action
plan
to
any
school
personnel
or
volunteers
responsible
17
for
the
supervision
or
care
of
the
student.
18
9.
The
authorization
for
the
administration
to
administer
19
medication
provided
in
accordance
with
subsection
7,
paragraph
20
“a”
,
subparagraph
(1),
shall
be
effective
for
the
school
year
21
in
which
the
authorization
is
granted
and
must
be
renewed
each
22
following
school
year.
23
10.
The
requirements
of
subsections
7,
8,
and
9
shall
apply
24
only
to
school
district
and
nonpublic
school
attendance
centers
25
that
have
a
student
enrolled
who
has
a
known
epilepsy
diagnosis
26
or
seizure
disorder
or
has
a
seizure
rescue
medication
or
27
medication
prescribed
to
treat
seizure
disorder
symptoms
28
approved
by
the
United
States
food
and
drug
administration
29
prescribed
by
the
student’s
health
care
provider.
30
11.
Every
school
district
attendance
center
may
provide
an
31
age-appropriate
seizure
education
program
to
all
students
on
32
seizures
and
seizure
disorders.
The
seizure
education
program
33
shall
be
consistent
with
guidelines
published
by
the
epilepsy
34
foundation
of
America
and
any
successor
organization.
The
35
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state
board
of
education
shall
adopt
rules
pursuant
to
chapter
1
17A
for
implementation
of
this
section.
2
12.
A
school
district
or
nonpublic
school,
school
district
3
or
nonpublic
school
employee,
or
school
district
or
nonpublic
4
school
agent
acting
in
good
faith
and
in
substantial
compliance
5
with
the
student’s
individual
health
plan
and
the
instructions
6
of
the
student’s
licensed
health
care
professional,
and
who
7
provides
assistance
or
services
under
this
section,
is
immune
8
from
criminal
or
civil
liability
as
a
result
of
the
services
9
provided
under
this
section
to
students
with
epilepsy
or
10
seizure
disorders.
11
13.
The
department
of
education
shall
develop
and
implement
12
a
seizure
education
program
statewide.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
requires
school
districts
and
accredited
17
nonpublic
schools
that
have
a
student
enrolled
who
has
a
18
known
epilepsy
diagnosis
or
seizure
disorder
or
has
a
seizure
19
rescue
medication
or
medication
prescribed
to
treat
seizure
20
disorder
symptoms
to
have
an
individual
health
plan,
including
21
a
seizure
action
plan
if
appropriate,
requires
school
districts
22
and
accredited
nonpublic
schools
to
provide
certain
training
23
relating
to
seizures
to
relevant
school
employees,
requires
24
the
state
board
of
education
to
adopt
rules
for
implementation
25
of
new
Code
section
280.13D,
and
requires
the
department
of
26
education
to
develop
and
implement
a
seizure
education
program
27
statewide.
28
The
bill
requires
school
districts
and
accredited
nonpublic
29
schools
to
have
at
least
one
school
employee
at
each
school
30
who
is
trained
to
recognize
the
signs
and
symptoms
of
31
seizures
and
to
take
the
appropriate
steps
to
respond
to
such
32
symptoms,
including
administering
medications
and
vagus
nerve
33
stimulation.
The
presence
of
a
full-time
registered
nurse
34
who
assumes
responsibility
for
the
administration
of
seizure
35
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medications
and
vagus
nerve
stimulation
meets
this
requirement.
1
The
bill
includes
definitions
and
requirements
relating
to
2
the
development
of
individual
health
plans
and
seizure
action
3
plans.
4
Every
school
attendance
center
shall
provide
training
to
5
relevant
school
personnel
with
direct
contact
and
supervision
6
of
children.
The
training
must
be
fully
consistent
with
7
programs
and
guidelines
developed
by
the
epilepsy
foundation
8
of
America.
9
Further,
each
school
district
must
require
all
school
10
personnel
to
undergo
approved
seizure
recognition
and
first
aid
11
training
on
a
biennial
basis.
The
new
Code
section
shall
not
12
be
construed
to
limit
the
authority
of
a
school
district
or
the
13
department
to
require
additional
seizure
disorder
training.
14
Prior
to
administering
medication
prescribed
to
treat
a
15
student’s
seizure
disorder
symptoms,
the
student’s
parent
or
16
guardian
must
provide
the
school
with
a
written
authorization
17
to
administer
the
medication
at
school
and
provide
a
written
18
statement
from
the
student’s
health
care
practitioner,
which
19
shall
become
the
basis
for
the
seizure
action
plan.
The
bill
20
lists
the
information
the
written
statement
must
contain.
21
The
parent
or
guardian
of
a
student
diagnosed
with
a
seizure
22
disorder
must
collaborate
with
licensed
health
personnel
to
23
create
an
individual
health
plan,
and
a
seizure
action
plan
24
if
appropriate,
consistent
with
the
state
board’s
rules.
The
25
individual
health
plan
shall
include
assessment,
nursing
26
diagnosis,
outcomes,
planning,
interventions,
student
goals,
if
27
applicable,
and
a
plan
for
emergencies
to
provide
direction
in
28
managing
the
student’s
health
needs.
The
plan
must
be
updated
29
as
needed
and
at
least
annually.
30
Each
school
shall
keep
the
written
statement,
individual
31
health
plan,
and
seizure
action
plan
on
file
in
the
office
32
of
the
school
nurse
or
school
administrator,
and
distribute
33
information
regarding
the
seizure
action
to
any
school
34
personnel
or
volunteers
responsible
for
the
student.
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Provisions
relating
to
the
administration
of
medication
1
prescribed
to
treat
a
specific
student’s
seizure
disorder
2
symptoms,
and
to
distribution
of
information
about
a
specific
3
student’s
seizure
action
plan
to
persons
responsible
for
the
4
supervision
or
care
of
the
student
apply
only
to
schools
that
5
have
a
student
enrolled
who
has
a
known
epilepsy
diagnosis
6
or
seizure
disorder
or
has
a
seizure
rescue
medication
or
7
medication
prescribed
to
treat
seizure
disorder
symptoms.
8
Every
school
district
may
provide
an
age-appropriate
seizure
9
education
program
to
all
students
on
seizures
and
seizure
10
disorders.
11
A
school
district,
school
district
employee,
or
agent
12
who
acts
in
good
faith
to
provide
assistance
or
services
in
13
substantial
compliance
with
the
student’s
individual
health
14
plan
and
the
instructions
of
the
student’s
licensed
health
care
15
professional
is
immune
from
criminal
or
civil
liability
as
a
16
result
of
the
services
provided
to
students
with
epilepsy
or
17
seizure
disorders.
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