SENATE, No. 4141

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED OCTOBER 24, 2019

 


 

Sponsored by:

Senator† JAMES BEACH

District 6 (Burlington and Camden)

Senator† CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

 

 

 

SYNOPSIS

†††† ďPaulís LawĒ; authorizes parent or guardian to request use of individualized health care plan for student with seizure disorder.

 

CURRENT VERSION OF TEXT

†††† As introduced.

 


An Act concerning the care of students with seizure disorders, designated as ďPaulís Law,Ē 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 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 a seizure disorder and other appropriate medical professionals who may be providing 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 a seizure disorder who seeks 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 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 studentís physician or advanced practice nurse outlining the seizure disorder care;

†††† (2)†† the symptoms of the 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 seizure disorders, how to recognize and provide care for seizure disorders, and when to call for assistance;

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

†††† (7)†† the studentís ability to manage, and the studentís level of understanding of, the studentís seizure disorder; and

†††† (8)†† how to maintain communication with the student, the studentís 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 seizure disorder care at that school and ensure that all staff are trained in the care of students with 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 course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with seizure disorder, such as the Epilepsy Foundation of America.† A seizure training program approved by the department that is provided to a school district on portable media shall be provided by the nonprofit entity free of charge.

 

†††† 3.††† In the event that a school bus driver transports a student with a seizure disorder, a school district shall provide the driver with: a notice of the studentís condition; information on how to provide care for the seizure disorder; emergency contact information; and parent contact information.

 

†††† 4.††† The school nurse shall obtain a release from the parent or guardian of a student with 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 seizure disorders and is designated as ďPaulís Law.Ē† Under the billís provisions, the parents or guardians of a student with a seizure disorder who seek 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 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 studentís physician or advanced practice nurse outlining the seizure disorder care;

†††† (2)†† the symptoms of the 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 seizure disorders, how to recognize and provide care for seizure disorders, and when to call for assistance;

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

†††† (7)†† the studentís ability to manage, and the studentís level of understanding of, the studentís seizure disorder; and

†††† (8)†† how to maintain communication with the student, the studentís 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 seizure disorder care at that school and ensure that all staff are trained in the care of students with seizure disorders. The training is required to include a Department of Education-approved on-line course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with seizure disorder, such as the Epilepsy Foundation of America.†

†††† The bill provides that a school district must provide to a school bus driver who transports a pupil with a seizure disorder a notice of the pupilís condition, information on how to provide care in the case of a seizure disorder, emergency contact information, 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 billís provisions.