Allow Epilepsy Aid in Schools

Training must be provided by a physician or other duly authorized health care professional in a competent manner and completed in the form prescribed by the commissioner in regulation. Neither legal nor financial liability shall result from any harm or injury sustained by the pupil or other person during the administration of Diastat, provided that such injury was caused through reasonable and good faith compliance with this section.

Section 2 is the effective date.

Existing law

In the past, New York State allowed teachers to administer Diastat in the event of emergencies. But under The Nurse Practice Act, which authorizes nursing practices for the entire state, the administration of Diastat is limited to authorized certain professionals. This also applies to nursing care provided in public and private school settings, thus a teacher is no longer permitted to administer this medication in emergency circumstances. This bill restates the exemption and authorizes the administration of Diastat in emergency situations to individuals diagnosed with epilepsy, where an appropriately licensed health professional is not available at schools with less than one hundred students, to pupils who have the written permission of a physician of other duly authorized health care provider for the administration of Diastat, and who also have parental consent to receive such drug administration

Article 19 of the Education Law pertains to the medial and health service in schools. This bill creates a new section 902-C, providing for the treatment of student diagnosed with epilepsy by trained school personnel in certain schools.

School property and functions are defined by §§ 11(1) and 11(2) of the Education Law. Section 11(1) provides, "school property shall mean in or within any building, structure, athletic playing fired, playground, parking lot, or land contained within the real property boundary line of a public elementary or secondary school, or in or on a school bus, as defined by § 142 of Vehicle and Traffic Law." Section 11(2) provides, "school function shall mean a school -sponsored extra-curricular event or activity."

Justification

Epilepsy is defined by the national Epilepsy Foundation as, "a medical condition that produces seizures affecting a variety of mental and physical functions." The Foundation reports that approximately 1 in 26 Americans will develop epilepsy at some point during their life. For most, conventional medications that are taken orally are effective in controlling seizures.

But some children are susceptible to what are called, prolonged, cluster, or status seizures, which may last longer than five minutes and can lead to serious injury and even death. For these children, a physician may prescribe Diastat, an emergency seizure medication, to be administered on an emergency basis. Diastat must be administered in a timely manner when such a prolonged seizure or cluster of seizures occurs in order to be effective.

In the past, New York State allowed teachers to administer this drug in emergency situations. However under the Nurse Practice Act, the administration of Diastat was limited to nurses and certain health care professionals. Small, private schools do not always generate the revenue to employ a nurse full time, thus leaving these schools with an ethical dilemma: not to provide a life saving fix because of the law, or disobey the law to save a child.

By authorizing trained individuals to administer Diastat in emergency situations at schools with less than one hundred students we ensure that all students at various educational settings are afforded the same medical support.

Legislative history

S.7707 Referred to Education.

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately after it shall have become a law.