ASSEMBLY, No. 6011

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED NOVEMBER 25, 2019

 


 

Sponsored by:

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

 

Co-Sponsored by:

Assemblywoman DiMaso, Assemblymen Danielsen and Thomson

 

 

 

 

SYNOPSIS

     “Paul’s Law”; authorizes parent or guardian to request use of individualized health care plan for student with epilepsy or seizure disorder.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the care of students with epilepsy and seizure disorders, designated as “Paul’s Law,” and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in this act:

     "Individualized emergency health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with epilepsy or a seizure disorder and other appropriate medical professionals, which is consistent with the recommendations of the student's health care providers and which outlines a set of procedural guidelines that provide specific directions about what to do in a particular emergency situation and is signed by the parent or guardian and the school nurse.

     "Individualized health care plan" means a document developed by the school nurse, in consultation with the parent or guardian of a student with epilepsy or a seizure disorder and other appropriate medical professionals who may be providing epilepsy or seizure disorder care to the student, which is consistent with the recommendations of the student's health care providers and which sets out the health services needed by the student at school and is signed by the parent or guardian and the school nurse.

     "School" means an elementary or secondary public school located within this State.

     "School employee" means a person employed by a school district.

 

     2.    a.   The parent or guardian of a student with epilepsy or a seizure disorder who seeks epilepsy or seizure disorder care while at school shall inform the school nurse who shall develop an individualized health care plan and an individualized emergency health care plan for the student, provided that the parents or guardians of the student annually provide to the board of education written authorization for the provision of epilepsy or seizure disorder care as may be outlined in the individualized plans.

     b.    The individualized health care plan and individualized emergency health care plan developed in accordance with subsection a. of this section shall be updated by the school nurse prior to the beginning of each school year and as necessary in the event that there is a change in the health status of the student.

     c.     Each individualized health care plan shall include, and each individualized emergency health care plan may include, the following information:

     (1)   written orders from the student’s physician or advanced practice nurse outlining the epilepsy or seizure disorder care;

     (2)   the symptoms of the epilepsy or seizure disorder for that particular student and recommended care;

     (3)   full participation in exercise and sports, and any contraindications to exercise, or accommodations that must be made for that particular student;

     (4)   accommodations for school trips, after-school activities, class parties, and other school-related activities;

     (5)   education of all school personnel about epilepsy and seizure disorders, how to recognize and provide care for epilepsy and seizure disorders, and when to call for assistance;

     (6)   medical and treatment issues that may affect the educational process of the student with epilepsy or the seizure disorder;

     (7)   the student’s ability to manage, and the student’s level of understanding of, the student’s epilepsy or seizure disorder; and

     (8)   how to maintain communication with the student, the student’s parent or guardian and health care team, the school nurse, and the educational staff.

     d.    (1)   The school nurse assigned to a particular school shall coordinate the provision of epilepsy and seizure disorder care at that school and ensure that all staff are trained every two years in the care of students with epilepsy and seizure disorders, including staff working with school-sponsored programs outside of the regular school day, as provided in the individualized health care plan and the individualized emergency health care plan.

     (2)   The training required pursuant to paragraph (1) of this subsection shall include a Department of Education-approved on-line or in-person course of instruction provided by a nonprofit national organization that supports the welfare of individuals with epilepsy and seizure disorders.

 

     3.    In the event that a school bus driver transports a student with epilepsy or a seizure disorder, a school district shall provide the driver with: a notice of the student’s condition; information on how to provide care for epilepsy or the seizure disorder; emergency contact information; epilepsy and seizure disorder first aid training; and parent contact information.

 

     4.    The school nurse shall obtain a release from the parent or guardian of a student with epilepsy or a seizure disorder to authorize the sharing of medical information between the student's physician or advanced practice nurse and other health care providers.  The release shall also authorize the school nurse to share medical information with other staff members of the school district as necessary.

 

     5.    No school employee, including a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a board of education, shall be held liable for any good faith act or omission consistent with the provisions of this act, nor shall an action before the New Jersey State Board of Nursing lie against a school nurse for any such action taken by a person trained in good faith by the school nurse pursuant to this act.  Good faith shall not include willful misconduct, gross negligence, or recklessness.

 

     6.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill concerns the care provided to public school students with epilepsy or seizure disorders and is designated as “Paul’s Law.”  Under the bill’s provisions, the parents or guardians of a student with epilepsy or a seizure disorder who seek epilepsy or seizure disorder care for that student while at school will inform the school nurse.  The school nurse will develop an individualized health care plan and an individualized emergency health care plan for that student provided that the parent or guardian provides annual written authorization for the provision of epilepsy or seizure disorder care at school.

     Each individualized health care plan must include and each individualized emergency health care plan may include the following:

     (1)   written orders from the student’s physician or advanced practice nurse outlining the epilepsy or seizure disorder care;

     (2)   the symptoms of the epilepsy or seizure disorder for that particular student and recommended care;

     (3)   full participation in exercise and sports, and any contraindications to exercise, or accommodations that must be made for that particular student;

     (4)   accommodations for school trips, after-school activities, class parties, and other school-related activities;

     (5)   education of all school personnel about epilepsy and seizure disorders, how to recognize and provide care for epilepsy and seizure disorders, and when to call for assistance;

     (6)   medical and treatment issues that may affect the educational process of the student with epilepsy or a seizure disorder;

     (7)   the student’s ability to manage, and the student’s level of understanding of, the student’s epilepsy or seizure disorder; and

     (8)   how to maintain communication with the student, the student’s parent or guardian and health care team, the school nurse, and the educational staff.

     Under the provisions of the bill, the school nurse assigned to a particular school will coordinate the provision of epilepsy and seizure disorder care at that school and ensure that all staff are trained every two years in the care of students with epilepsy and seizure disorders. The training is required to include a Department of Education-approved on-line or in-person course of instruction provided by a nonprofit national organization that supports the welfare of individuals with epilepsy and seizure disorders. 

     The bill provides that a school district must provide to a school bus driver who transports a pupil with epilepsy or a seizure disorder: a notice of the pupil’s condition; information on how to provide care in the case of epilepsy or a seizure disorder; emergency contact information; epilepsy and seizure disorder first aid training; and parent contact information. 

     Finally, the bill provides that a school employee will not be liable for any good faith action taken in accordance with the bill’s provisions.