49468.3. (a) Before administering emergency anti-seizure medication or therapy prescribed to treat seizures in a pupil diagnosed with seizures, a seizure disorder, or epilepsy, a local educational agency shall obtain from the pupil’s parent or guardian a seizure action plan that includes all of the following:
(1) (A) Authorization, in writing, for the medication to be administered to the pupil at school.
(B) Authorization pursuant to subparagraph (A) shall be effective for the school year in which it is granted, and shall be renewed each school year, unless needed sooner.
(2) A copy of a statement, in writing, from the pupil’s health care provider that includes all of the following information:
(A) The pupil’s name.
(B) The name and purpose of the medication.
(C) The prescribed dosage.
(D) The method of administration.
(E) The frequency with which the medication may be administered.
(F) Detailed seizure symptoms, including frequency, type, or length of seizures that identify when the administration of an emergency anti-seizure medication becomes necessary.
(G) The circumstances under which the medication may be administered.
(H) Any potential adverse responses by the pupil and recommended mitigation actions, including when to call emergency services, including the emergency 911 telephone number.
(I) A protocol for observing the pupil after a seizure, including, but not limited to, whether the pupil should rest in the school office, whether the pupil may return to class, and the length of time the pupil should be under direct observation.
(3) How and where the emergency anti-seizure medication will be stored at the school.
(4) A signed notice verifying that the parent or guardian was given information about Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pursuant to subdivision (e) of Section 49468.2, and that the parent or guardian understands that it is the parent or guardian’s right to request a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program at any time.
(5) A signed notice verifying that a pupil’s seizure may be responded to, including with the administration of emergency anti-seizure medication prescribed to the pupil, by a nonmedical professional who has received training pursuant to subdivision (c) of Section 49468.2.
(b) The school administrator or the school administrator’s designee shall notify the school nurse assigned to the school or local educational agency if an employee at the schoolsite administers an emergency anti-seizure medication pursuant to this article. If a school nurse is not assigned to the local educational agency, the school administrator or the school administrator’s designee shall notify the superintendent of the school district or the superintendent of the school district’s designee, the county superintendent of schools or the county superintendent of schools’ designee, or the charter school administrator or the charter school administrator’s designee, as appropriate, if an employee at the school administers an emergency anti-seizure medication pursuant to this article.
(c) (1) The school nurse assigned to the school or a nurse from the local educational agency shall collaborate with the parent or guardian of each pupil diagnosed with seizures, a seizure disorder, or epilepsy to create a seizure action plan pursuant to subdivision (a), if the pupil does not have an individualized education plan pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(2) If the school obtains written consent from a pupil’s parent or guardian, in accordance with Section 99.30 of Title 34 of the Code of Federal Regulations, the seizure action plan shall be distributed to any school personnel or volunteers responsible for the supervision or care of that pupil.
(d) The notification required pursuant to subdivision (b) and the seizure action plan created pursuant to subdivision (a) shall be kept on file in the office of the school nurse or a school administrator, in compliance with all applicable state and federal privacy laws.
(Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.)