BILL NUMBER: S5469
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the education law, in relation to allowing for unli-
censed personnel to administer seizure rescue medication
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorize school districts to have
licensed professionals administer seizure rescue nasal sprays, licensed
individuals to teach unlicensed individuals how to administer such
rescue nasal spray and authorize students to carry such medication in
schools.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend Section 921 of the Education Law to
include diazepam or midazolam nasal spray as a medication in which
licensed medical professionals may administer at schools in rescue situ-
ations.
Section 2 of this bill would create two new sections in the Education
Law authorizing licensed medical professionals to optionally teach a
unlicensed person how to administer diazepam or midazolam nasal spray
for a student having a seizure; provide liability protection for a
school district, BOCES, their agents or employees for good faith compli-
ance; and authorize students who have been diagnosed with epilepsy to
carry seizure rescue medication with parental consent.
Section 3 of this bill provides that the effective date shall take
effect immediately.
 
JUSTIFICATION:
According to the NYS Department of Health, it is estimated that 180,000
New Yorkers have epilepsy and roughly 1 in 10 diagnosed individuals will
have a seizure in their lifetime. An individual prone to seizures has no
control over when and where such seizures will occur. As students are
under the care of a school district for several hours a day whether in
the classroom, on school grounds for extracurricular activities or on
the school bus. Under this legislation, school districts who have an
enrolled student with epilepsy would be allowed to train their staff
with the skills to administer life saving medication to a student. Vari-
ous medications are available to treat individuals having a severe
seizure, however nasal sprays are easiest for unlicensed individuals to
administer in an emergency situation. The Epilepsy Foundation and their
local affiliates offer training classes for school personnel, but that
is no substitute for being able to use a life saving medication. This
bill would enable schools to help a student in an emergency, give
parents the peace of mind that their child will be taken care of during
school hours, and provide liability protection to school districts
making a good faith effort to help their students.
 
LEGISLATIVE HISTORY:
2023-24: S.3129 (Mannion)- referred to Education.
2021-22: S.4650 (Mannion) - Passed Senate.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5469: 921 education law, 921(1) education law