Nebraska Statutes 79-3203. Seizure rescue medication; medication prescribed to treat seizure disorder symptoms; school employee; training; requirements; administration; parent or guardian; authorization, statement, seizure action plan
(1)(a) For school year 2022-23 and each school year thereafter, each approved or accredited public, private, denominational, or parochial school shall have at least one school employee at each school who has met the training requirements necessary to administer or assist with the self-administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms as approved by the United States Food and Drug Administration.
Terms Used In Nebraska Statutes 79-3203
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Administrator: means any certified employee such as superintendent, assistant superintendent, principal, assistant principal, school nurse, or other supervisory or administrative personnel who do not have as a primary duty the instruction of pupils in the public schools. See Nebraska Statutes 79-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- School: means a school under the jurisdiction of a school board authorized by Nebraska Statutes 79-101
- School year: means (a) for elementary grades other than kindergarten, the time equivalent to at least one thousand thirty-two instructional hours and (b) for high school grades, the time equivalent to at least one thousand eighty instructional hours. See Nebraska Statutes 79-101
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(b) For a school employee assigned the duties under subdivision (a) of this subsection, the training shall include instruction in administering seizure medications, recognizing the signs and symptoms of seizures, and responding to such signs and symptoms with the appropriate steps.
(c) Any training programs or guidelines adopted by any state agency for the training of school employees under this subsection shall be consistent with training programs and guidelines developed by a nationally recognized organization focused on epilepsy.
(2) Prior to the administration of a seizure rescue medication or medication prescribed to treat seizure disorder symptoms by a school employee, a student’s parent or guardian shall:
(a) Provide the school with a written authorization to administer the medication at school;
(b) Provide a written statement from the student’s health care practitioner containing the following information:
(i) The student’s name;
(ii) The name and purpose of the medication;
(iii) The prescribed dosage;
(iv) The route of administration;
(v) The frequency that the medication may be administered; and
(vi) The circumstances under which the medication may be administered;
(c) Provide the medication to the school in its unopened, sealed package with the intact label affixed by the dispensing pharmacy; and
(d) Collaborate with school employees to create a seizure action plan.
(3)(a) The authorization, statement, 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) Each seizure action plan shall be distributed to any school personnel or volunteers responsible for the supervision or care of the student for whom such seizure action plan was created.
(4) Any authorization provided by a parent or guardian under this section shall be effective for the school year in which it is provided and shall be renewed each following school year upon fulfilling the requirements of subsection (2) of this section.
(5) The requirements of this section shall apply only to schools that have a student enrolled who has a seizure disorder and has a seizure rescue medication or medication prescribed to treat seizure disorder symptoms.