Bill Text: MS HB1174 | 2023 | Regular Session | Engrossed
Bill Title: Public schools; authorize to have a supply of FDA-approved opioid reversal agents on premises to counter opioid overdose.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2023-02-28 - Died In Committee [HB1174 Detail]
Download: Mississippi-2023-HB1174-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Education
By: Representatives Bennett, McCarty, Reynolds
House Bill 1174
(As Passed the House)
AN ACT TO AUTHORIZE PUBLIC SCHOOLS TO PURCHASE A SUPPLY OR ENTER INTO AN ARRANGEMENT TO RECEIVE A SUPPLY OF FDA-APPROVED OPIOID REVERSAL AGENTS FOR CERTAIN PURPOSES; TO REQUIRE THE SCHOOL DISTRICT TO ADOPT A PROTOCOL FOR THE ADMINISTRATION OF FDA-APPROVED OPIOID REVERSAL AGENTS; TO EXEMPT THE SCHOOL DISTRICT AND ITS EMPLOYEES WHO PROVIDE THE PROTOCOL FROM LIABILITY FOR INJURIES RESULTING FROM THE ADMINISTRATION OF FDA-APPROVED OPIOID REVERSAL AGENTS; TO PROVIDE EXCEPTIONS TO WHICH THE EXEMPTION FROM LIABILITY DOES NOT APPLY; TO ESTABLISH THE SEIZURE SAFE SCHOOLS ACT; TO PROVIDE THAT BEGINNING ON JULY 1, 2024, EACH PUBLIC SCHOOL BOARD AND THE GOVERNING BODY OF EACH NONPUBLIC SCHOOL SHALL HAVE AT LEAST ONE EMPLOYEE AT EACH SCHOOL WHO HAS MET THE TRAINING REQUIREMENTS NECESSARY TO ADMINISTER SEIZURE RESCUE MEDICATION OR PERFORM MANUAL VAGUS NERVE STIMULATION FOR PERSONS EXPERIENCING SEIZURE DISORDER SYMPTOMS; TO REQUIRE TRAINING FOR SUCH PERSON TO BE CONSISTENT WITH GUIDELINES DEVELOPED BY THE EPILEPSY FOUNDATION OF AMERICA OR SIMILAR SUCCESSOR ORGANIZATION, TO REQUIRE THE TRAINING TO OCCUR EVERY TWO YEARS FOR THOSE EMPLOYEES OF THE SCHOOL WITH DIRECT CONTACT OR SUPERVISION OF CHILDREN; TO REQUIRE THE PARENTS OR LEGAL GUARDIANS OF CHILDREN WHO EXPERIENCE SEIZURE DISORDER SYMPTOMS TO PROVIDE WRITTEN AUTHORIZATION TO THE SCHOOL FOR THE ADMINISTRATION OF NECESSARY MEDICATION ALONG WITH A WRITTEN STATEMENT FROM THE CHILD'S MEDICAL PROVIDER; TO REQUIRE THE WRITTEN STATEMENT AND THE CHILD'S SEIZURE ACTION PLAN TO BE KEPT ON FILE BY THE SCHOOL NURSE OR SCHOOL ADMINISTRATOR; TO AUTHORIZE SCHOOLS TO PROVIDE AGE-APPROPRIATE SEIZURE EDUCATION PROGRAMS TO ALL STUDENTS ON SEIZURES AND SEIZURE DISORDERS; TO EXEMPT SCHOOL EMPLOYEES ACTING IN GOOD FAITH AND IN SUBSTANTIAL COMPLIANCE WITH A STUDENT'S INDIVIDUAL HEALTH PLAN TO RENDER ASSISTANCE TO A CHILD EXPERIENCING A SEIZURE EPISODE FROM CIVIL AND CRIMINAL LIABILITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A public school may purchase a supply of opioid reversal agents approved by the United States Food and Drug Administration (FDA), from a wholesale distributor as defined in Section 41-29-115, or may enter into an arrangement with a wholesale distributor or entity who manufactures as defined in Section 41-29-105 for FDA-approved opioid reversal agents at
fair-market, free or reduced prices for use in the event a student has an opioid overdose. The FDA-approved opioid reversal agent must be maintained in a secure location on the public school's premises. The participating school district shall adopt a protocol developed by a licensed physician for the administration of the medication by school personnel who are trained to recognize an opioid overdose and to administer FDA-approved opioid reversal agents.
(2) The school district, its employees and agents and the
physician who provides the standing protocol for school opioid reversal agents approved by the FDA are not liable for any injury arising from the use of the drug if it is administered by trained school personnel who follow the standing protocol and whose professional opinion is that the student is having an opioid overdose:
(a) Unless the trained school personnel's action is willful and wanton;
(b) Notwithstanding that the parents or guardians of the student to whom the FDA-approved opioid reversal agent is administered have not been provided notice or have not signed a statement acknowledging that the school district is not liable; and
(c) Regardless of whether authorization has been given by the student's parents or guardians or by the student's physician, physician's assistant or advanced practice registered nurse.
SECTION 2. (1) This act shall be known and may be cited as the "Seizure Safe Schools Act."
(2) As used in this act, the term "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.
SECTION 3. (1) (a) Beginning on July 1, 2024, the local school board of each public school district and the governing body of each nonpublic school shall have at least one (1) school employee at each school who has met the training requirements necessary to administer or assist with the self-administration of:
(i) A seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration and any successor agency; and
(ii) A manual dose of prescribed electrical stimulation using a vagus nerve stimulator (VNS) magnet as approved by the United States Food and Drug Administration and any successor agency.
(b) For those assigned the duties under paragraph (a) of this subsection, the training provided shall include instructions in administering seizure medications and manual vagus nerve stimulation, as well as the recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to these symptoms.
(c) The presence of a registered nurse employed full-time by a school and assumes responsibility for the administration of seizure medications and the administration and oversight of vagus nerve stimulation, shall fulfill requirements of paragraphs (a) and (b) of this subsection.
(d) Every public and charter school shall, and nonpublic school is encouraged to, provide training every two (2) years to principals, guidance counselors, teachers and other relevant school personnel with direct contact and supervision of children, including bus drivers and classroom aids, on the recognition of the signs and symptoms of seizures and the appropriate steps for seizure first aid.
(e) Any training programs or guidelines adopted by any state agency for the training of school personnel in the health care needs of students diagnosed with a seizure disorder shall be fully consistent with training programs and guidelines developed by the Epilepsy Foundation of America and any successor organization that supports the welfare of individuals with epilepsy and seizure disorders. Notwithstanding any state agency requirement or other law to the contrary, for the purposes of this training, a local school district shall be permitted to use any adequate and appropriate training program or guidelines for training of school personnel in the seizure disorder care tasks covered under this section. The instruction must be approved by the State Department of Education or relevant state agency, may be provided online or in-person, and must be provided by the nonprofit entity free of charge.
(2) (a) Before administering a seizure rescue medication or medication prescribed to treat seizure disorder symptoms, the student's parent or guardian shall:
(i) Provide the school with a written authorization to administer the medication at school;
(ii) Provide a written statement from the student's health care practitioner, which shall contain the following information:
1. 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; and
(iii) Provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.
(b) In addition to the statements required in paragraph (a) of this subsection, the parent or guardian of each student diagnosed with a seizure disorder shall collaborate with school personnel to create a seizure action plan. The State Board of Education shall promulgate administrative regulations establishing procedures for the development and content of seizure action plans.
(3) (a) The statements and seizure action plan required in subsection (2) of this section shall be kept on file in the office of the school nurse or school administrator.
(b) The seizure action plan requirement in paragraph (b) of subsection (2) of this section shall be distributed to any school personnel or volunteers responsible for the supervision or care of the student.
(4) The permission for the administration of any of the medications authorized under subsection (1)(a) of this section shall be effective for the school year in which it is granted and shall be renewed each following school year upon fulfilling the requirements of subsections (2) through (4) of this section.
(5) The requirements of subsections (1) through (5) of this section shall apply only to schools that have a student enrolled who has a seizure disorder, a seizure rescue medication or medication prescribed to treat seizure disorder symptoms approved by the United States Food and Drug Administration and any successor agency prescribed by the student's health care provider.
SECTION 4. Every public and charter school shall, and nonpublic school is encouraged to, provide an age-appropriate seizure education program to all students on seizures and seizure disorders. The seizure education program shall be consistent with guidelines published by the Epilepsy Foundation of America and any successor organization. The State Board of Education shall promulgate administrative regulations for the development and implementation of the seizure education program.
SECTION 5. A school district, school district employee or agent acting in good faith and in substantial compliance with the student's individual health plan and the instructions of the student's licensed health care professional, that provides assistance or services under this act shall not be liable in any criminal action for civil damages in his or her individual, marital, governmental, corporate or other capacities as a result of the services provided under this act to students with epilepsy or seizure disorders.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.
