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§ 7-450. Seizures

West's Annotated Code of MarylandEducationEffective: July 1, 2022

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 7. Public Schools (Refs & Annos)
Subtitle 4. Health and Safety of Students (Refs & Annos)
Effective: July 1, 2022
MD Code, Education, § 7-450
§ 7-450. Seizures
“Seizure action plan” defined
(a) In this section, “seizure action plan” means a written individualized health plan designed to acknowledge and prepare for the health care needs of a student diagnosed with a seizure disorder.
Paid professional development training
(b)(1) Beginning in the 2023-2024 school year, a county board shall require at least two school personnel at each public school, subject to paragraph (2) of this subsection, to complete a paid professional development training, administered online or in-person, in:
(i) Recognizing the signs and symptoms of a seizure;
(ii) Appropriate steps for administering first aid for a seizure; and
(iii) If written authorization is given by a parent or guardian under subsection (g) of this section, administering or assisting with the self-administration of a seizure rescue medication, medication prescribed to treat seizure disorder symptoms approved by the U.S. Food and Drug Administration, and manual vagus nerve stimulation.
(2)(i) A school nurse, certified nursing assistant, or certified medication technician shall serve as one of the trained school personnel required under paragraph (1) of this subsection.
(ii) An individual who is recommended by the school nurse or other school health practitioner and who volunteers may serve as one of the trained school personnel under paragraph (1) of this subsection.
(3) The training required under paragraph (1) of this subsection may count toward the renewal of a professional certificate issued by the Department.
Presentation to school personnel
(c)(1) Beginning in the 2023-2024 school year, a public school shall require an individual trained under subsection (b) of this section to present, every 2 years, to all school personnel who have direct contact and supervision of students an abridged version of the best practices for seizure response, based on the school health services guidelines developed under subsection (d) of this section, including:
(i) Recognizing the signs and symptoms of a seizure; and
(ii) Procedures for notifying the school personnel trained in administering first aid for a seizure.
(2) School personnel shall attend the presentation required under paragraph (1) of this subsection during professional development, a preservice meeting, or a staff meeting.
(3) A county board is encouraged to provide to school bus drivers and school bus aides:
(i) The presentation required under paragraph (1) of this subsection during their work hours; or
(ii) The information from the presentation required under paragraph (1) of this subsection.
Guidelines and training program
(d) The Department and the Maryland Department of Health, in consultation with the Epilepsy Foundation of America and other interested stakeholders, shall develop school health services guidelines and a training program for the school personnel under subsection (b) of this section on the management of a student diagnosed with a seizure disorder.
Nonpublic schools
(e)(1) Beginning in the 2023-2024 school year, a nonpublic school may require at least two school personnel to be trained in:
(i) Recognizing the signs and symptoms of a seizure;
(ii) Appropriate steps for administering first aid for a seizure; and
(iii) Subject to paragraph (3) of this subsection, administering or assisting with the self-administration of a seizure rescue medication, medication prescribed to treat seizure disorder symptoms approved by the U.S. Food and Drug Administration, and manual vagus nerve stimulation.
(2) A school nurse or other school health care practitioner may serve as one of the trained school personnel required under paragraph (1) of this subsection.
(3) In order to authorize school personnel to administer or assist in the administration of seizure medication, a nonpublic school shall obtain written authorization from a parent or guardian in accordance with subsection (g) of this section.
Seizure action plans
(f)(1) The parent or guardian of a student diagnosed with a seizure disorder shall collaborate with school personnel to create a seizure action plan.
(2) The Department, in collaboration with the Maryland Department of Health, shall ensure:
(i) Health guidelines include seizure first aid procedures; and
(ii) Health plans include seizure action plans.
(3) A copy of a seizure action plan shall be:
(i) Retained in the office of the school nurse or an administrator; and
(ii) Distributed to any school personnel or volunteer responsible for the supervision or care of a student diagnosed with a seizure disorder.
Duties of parent or guardian
(g)(1) The parent or guardian of a student diagnosed with a seizure disorder shall provide the school with:
(i) A written authorization for a trained school employee to administer or assist with administering seizure medication at school;
(ii) The prescribed medication in an unopened, sealed package with the label affixed by the dispensing pharmacy intact; and
(iii) A written statement from the student's health care practitioner that includes:
1. The student's 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.
(2) A written authorization for the administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms shall be:
(i) Effective for the school year in which it is submitted; and
(ii) Renewed each school year if the requirements of this subsection are fulfilled.
Requirements to administer medication
(h) Nothing in this section may be construed to authorize any public school personnel to administer or assist in self-administration of medication for a seizure, unless the personnel:
(1) Has completed the paid professional development training under subsection (b) of this section; and
(2) Is authorized through written authorization under subsection (g) of this section to administer or assist in self-administration of medication.
Immunity
(i) Except for any willful or grossly negligent act, an employee or other school personnel who responds in good faith to a student experiencing a seizure or seizure disorder symptoms in accordance with this section is immune from civil liability for any act or omission in the course of responding to the situation.

Credits

Added by Acts 2022, c. 78, § 1, eff. July 1, 2022.
MD Code, Education, § 7-450, MD EDUC § 7-450
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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