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A BILL TO BE ENTITLED
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AN ACT
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relating to the care of students with seizure disorders and the |
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training requirements for certain school personnel regarding |
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seizure recognition and related first aid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Sam's Law. |
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SECTION 2. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Sections 38.032, 38.033, and 38.034 to read as |
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follows: |
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Sec. 38.032. SEIZURE MANAGEMENT AND TREATMENT PLAN. (a) |
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The parent or guardian of a student with a seizure disorder who |
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seeks care for the student's seizures while the student is at school |
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or participating in a school activity must submit to the school |
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district at which the student is enrolled a copy of a seizure |
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management and treatment plan developed by the student's parent or |
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guardian and the physician responsible for the student's seizure |
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treatment. The plan must be submitted to and reviewed by the |
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district: |
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(1) before or at the beginning of the school year; |
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(2) on enrollment of the student, if the student |
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enrolls in the district after the beginning of the school year; or |
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(3) as soon as practicable following a diagnosis of a |
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seizure disorder for the student. |
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(b) A seizure management and treatment plan must: |
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(1) identify the health care services the student may |
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receive at school or while participating in a school activity; |
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(2) evaluate the student's ability to manage and level |
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of understanding of the student's seizures; and |
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(3) be signed by the student's parent or guardian and |
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the physician responsible for the student's seizure treatment. |
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(c) The care of a student with a seizure disorder by a |
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district employee under a seizure management plan submitted under |
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this section is incident to or within the scope of the duties of the |
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employee's position of employment and involves the exercise of |
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judgment or discretion on the part of the employee for purposes of |
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Section 22.0511. |
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Sec. 38.033. SEIZURE RECOGNITION AND RELATED FIRST AID |
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TRAINING. (a) A school nurse employed by a school district must |
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complete an agency-approved online course of instruction for school |
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nurses regarding managing students with seizure disorders that |
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includes information about seizure recognition and related first |
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aid. |
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(b) A school district employee, other than a school nurse, |
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whose duties at the school include regular contact with students |
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must complete an agency-approved online course of instruction for |
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school personnel regarding awareness of students with seizure |
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disorders that includes information about seizure recognition and |
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related first aid. |
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(c) The agency may approve an online course of instruction |
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provided by a nonprofit national foundation that supports the |
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welfare of individuals with epilepsy and seizure disorders to |
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satisfy the training required under Subsection (a) or (b). |
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(d) The agency shall adopt rules as necessary to administer |
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this section. |
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Sec. 38.034. UNLICENSED SEIZURE CARE ASSISTANT. (a) At |
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each school district campus at which a student with a seizure |
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disorder is enrolled, the principal shall: |
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(1) seek school employees who are not health care |
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professionals to serve as unlicensed seizure care assistants and |
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care for students with seizure disorders; and |
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(2) make efforts to ensure that the campus has: |
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(A) at least one unlicensed seizure care |
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assistant if a full-time nurse is assigned to the campus; and |
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(B) at least three unlicensed seizure care |
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assistants if a full-time nurse is not assigned to the campus. |
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(b) An unlicensed seizure care assistant shall serve under |
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the supervision of the principal. |
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(c) A school employee may not be subject to any penalty or |
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disciplinary action for refusing to serve as an unlicensed seizure |
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care assistant. |
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(d) The care of a student with a seizure disorder by a school |
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employee who is serving as an unlicensed seizure care assistant is |
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incident to or within the scope of the duties of the employee's |
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position of employment and involves the exercise of judgment or |
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discretion on the part of the employee for purposes of Section |
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22.0511. |
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(e) A school nurse is not responsible for and may not be |
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subject to disciplinary action under Chapter 301, Occupations Code, |
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for actions performed by an unlicensed seizure care assistant. |
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SECTION 3. Not later than December 1, 2019, the Texas |
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Education Agency shall approve online courses of instruction to |
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satisfy the training requirements of Section 38.033, Education |
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Code, as added by this Act. |
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SECTION 4. The change in law made by this Act applies |
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beginning with the 2019-2020 school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |
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