Regular Session 2021-2022 House Bill 0622 P.N. 0584

PRINTER'S NO. 584

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

622

Session of

2021

INTRODUCED BY MARKOSEK, HILL-EVANS, SANCHEZ, KULIK, WARREN,

GALLOWAY, SCHWEYER, PISCIOTTANO, NEILSON, HOHENSTEIN,

A. DAVIS, FREEMAN, DEASY, HOWARD AND McCLINTON,

FEBRUARY 24, 2021

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 24, 2021

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in school health services, providing

for seizure management and treatment plan, for seizure

recognition and related first aid training, for seizure

disorder management and first aid liability, for acts not

considered delegation for seizure disorder care and for

liability.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. This act may be referred to as Haley's Law.

Section 2. The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding sections

to read:

Section 1414.11. Seizure Management and Treatment Plan.--(a)

The parent or guardian of a student with a seizure disorder may

seek care for the student's seizures while the student is at

school or participating in a school activity by submitting to

the school entity where the student is enrolled a copy of a

seizure management and treatment plan developed by the parent or

guardian and the family physician responsible for the student's

seizure management and treatment.

(b) The seizure management and treatment plan submitted

under subsection (a) must be reviewed by the school entity to

determine if the plan satisfies the criteria under subsection

(c):

(1) before or at the beginning of the school year;

(2) on the date of the enrollment of the student if the

student enrolls in the school entity after the beginning of the

school year; or

(3) as soon as practicable following a diagnosis of a

seizure disorder for the student.

(1) identify the health care services that the student may

receive while at school or participating in a school activity;

(2) evaluate the student's ability to manage the ongoing

maintenance of the student's seizure disorder; and

(3) be signed by the student's parent or guardian and the

family physician responsible for the student's seizure

management and treatment.

(d) As used in this section, "school entity" means any

public school, charter school, cyber charter school, private

school, nonpublic school, intermediate unit or area vocational-

technical school.

Section 1414.12. Seizure Recognition and Related First Aid

Training.--(a) A school nurse may complete an online or in-

person course of instruction approved by the Department of

Education, in conjunction with the Department of Health, for

school nurses regarding managing students with seizure disorders

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that includes information about seizure recognition and related

first aid.

(b) A school employe may complete an online or in-person

course of instruction approved by the Department of Education,

in conjunction with the Department of Health, for school

personnel regarding awareness of students with seizure disorders

and information about seizure recognition and related first aid.

A school employe who completes the online or in-person course of

instruction under this subsection shall be eligible for credit

towards the continuing professional education requirements under

section 1205.2(a)(3) and (4). Completion of seizure disorder

training under this subsection shall not be construed to

obligate a school employe to administer medication or provide

medical care to a student with a seizure disorder.

Department of Health, may approve an online or in-person course

of instruction provided by a nonprofit organization that

supports the welfare of individuals with epilepsy and seizure

disorders. An online or in-person course of instruction approved

under this subsection shall be provided to a school entity by a

nonprofit organization at no cost.

(d) The Department of Education, in conjunction with the

Department of Health, shall approve online and in-person courses

of instruction no later than July 1, 2021.

(e) The Department of Education, in conjunction with the

Department of Health, shall adopt rules as necessary to

administer this section.

(f) As used in this section, "school entity" means any

public school, charter school, cyber charter school, private

school, nonpublic school, intermediate unit or area vocational-

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technical school.

Section 1414.13. Seizure Disorder Management and First Aid

Liability.--(a) Nothing in the provisions under sections

1414.11 and 1414.12 shall be construed to establish or expand

any civil liability on the part of a school entity or school

employe.

(b) As used in this section, "school entity" means any

public school, charter school, cyber charter school, private

school, nonpublic school, intermediate unit or area vocational-

technical school.

Section 1414.14. Acts Not Considered Delegation for Seizure

Disorder Care.--(a) Notwithstanding any other law to the

contrary, coordinating or supervising the provision of seizure

disorder care under section 1414.11 and providing instruction

under section 1414.12 shall not be construed as a delegation by

a health care practitioner.

(b) Notwithstanding any other provision of law, a school

employe who receives seizure disorder care training under

section 1414.12(b) shall not be considered to be engaging in

health-related activities which are reserved exclusively for

licensed professionals.

Section 1414.15. Liability.--(a) A school district or

school district employe or agent, acting in good faith and in

substantial compliance with a student's seizure management and

treatment plan and the instructions of the student's family

physician, shall not be subject to any criminal or civil

liability or any professional disciplinary action.

(b) A health care practitioner who acts in accordance with

section 1414.11 when coordinating or supervising care for a

student and in accordance with section 1414.12 when providing

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instruction to a school employe shall not be subject to any

criminal or civil liability or any professional disciplinary

action.

Section 3. The addition of sections 1414.11, 1414.12,

1414.13, 1414.14 and 1414.15 of the act shall apply to the 2021-

2022 school year and each school year thereafter.

Section 4. This act shall take effect in 60 days.

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