Summary:

 Senate Bill 246 (SB 246) in Public School Code enacts the Seizure Safe Schools Act to provide for seizure disorder management and care by school personnel. SB 246 provides for rule making and limits liability. 

Legislation Overview:

 Senate Bill 246 in Section 1 adds a new section of the Public School Code titled: Seizure Safe Schools Act (Act).
SECTION 2 provides definitions as used in the Act.
SECTION 3 adds a new section: Seizure Care
Subsection A:
- By December 31, 2025, the department shall adopt rules for training school employees and bus drivers on the management of students with seizure disorders. 
- Each governing body shall ensure that a seizure safety training approved by the department is provided annually to all school employees and bus drivers. 
- At a minimum, the seizure safety training programs shall include information as specified in this subsection.
B. The department shall, in consultation with the Department of Health and New Mexico School Nurses Association, adopt rules for the training of school nurses and seizure care personnel on providing care for students with seizure disorders. 
Each governing body shall ensure that each school attended by a student with a seizure disorder has at least two school employees trained in the administration and use of seizure rescue medications and devices.
C. If a school attended by a student with a seizure disorder does not have two employees who are trained in management of seizure disorders, the school principal or other school administrator shall distribute a written notice to all school employees that the school is seeking volunteers to serve as seizure care personnel. The notice shall inform all school employees and include the information specified in this subsection.
D. A governing body shall not require the seizure care personnel to be health care practitioners. 
E. The training required by this section shall be provided by: (1) a school nurse; or (2) a health care practitioner with expertise in seizure disorders.
SECTION 4 adds a new section: Seizure Action Plan
A. The parent or guardian of a student with a seizure disorder who seeks seizure disorder care while at school shall submit to the school a seizure action plan. The parent or guardian may submit a new seizure action plan as necessary when the student's health status changes. Each seizure action plan shall include the information specified in this subsection.
B. Each seizure action plan shall be reviewed and implemented by a school nurse or seizure care personnel. 
C. Each school employee and bus driver responsible for the care of a student diagnosed with a seizure disorder shall be given notice of the student's seizure action plan. 
SECTION 5 adds a new section: Seizure Disorder Care at School
A.  A governing body shall ensure that all students with seizure disorders receive appropriate care as specified in the students' seizure action plans. In accordance with the request of a student’s parent and a student’s seizure action plan, a school nurse or seizure care personnel shall perform seizure disorder care functions that shall include the care specified in this subsection.
B. A school nurse or at least one seizure care personnel shall be available to provide care to each student with a seizure disorder as provided in this section during regular school hours and during all school-sponsored activities in which a student with a seizure disorder is a participant and on buses where the bus driver has not been trained and a student with a seizure disorder is a passenger.
SECTION 6 adds a new section: Application of Other Laws
A. The provisions of the Act shall not constitute the practice of nursing, and seizure care personnel shall be exempted from all applicable statutory or regulatory provisions that restrict which activities can be delegated to or performed by a person who is not a health care practitioner. 
B. Nothing in the Act shall diminish the rights of students with seizure disorders or the obligations of school districts under the federal Individuals with Disabilities Education Act.
SECTION 7 adds a new section:  Immunity From Liability
A school employee, including a school nurse or bus driver, shall not be held civilly or professionally liable for any act or omission that is made with ordinary care and is consistent with the provisions of the Act.