Section 16-30C-4
THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The State Department of Education shall develop guidelines, subject to approval by the Alabama Board of Nursing, for the training of school employees regarding the care needed for a student with medical needs relating to seizure disorder according to the student's seizure management and treatment plan, the medical authorizations of which are limited to permitting the administration of medications specific to his or her seizure disorder. These guidelines shall be developed in conjunction with the recommendations of the American Academy of Pediatrics, the Epilepsy Foundation or its successor, and any other appropriate published medical guidelines. Each local board of education shall ensure that epilepsy and seizure disorder training programs are provided for all school nurses and unlicensed medication assistants at schools under its jurisdiction.
(b) Training programs may be provided in-person or online and shall include instruction for school nurses regarding managing students with seizure disorders, information about seizure recognition, and related first aid. This information may be included in general student health training programs provided to all school personnel. A local board of education may approve an in-person or online course of instruction provided by a nonprofit national foundation that supports the welfare of individuals with epilepsy and seizure disorders. An in-person or online course of instruction approved by a local board of education shall be provided by the nonprofit entity free of charge.
(c)(1) Each local board of education shall ensure that the training outlined in this section is provided to unlicensed medication assistants. In consultation with the local school superintendent and in consideration of a student's individual health plan related to his or her seizure disorder condition, the lead nurse of the school system may recommend the placement of a school nurse based on the overall health needs of that student.
(2) Each local board of education shall provide annually a list of the school employees trained to administer seizure disorder medications to each parent or guardian of a student with a seizure disorder, each student, and all other employees of the local board of education. The local board of education shall thereafter publish and maintain a list on the local board of education's website.
(d) A school employee shall not be required to serve as an unlicensed medication assistant, nor be subject to any penalty or disciplinary action for refusing to serve as an unlicensed medication assistant. It shall be unlawful to consider a school employee's decision to serve or not to serve as an unlicensed medication assistant in any employment decision including, but not limited to, termination, nonrenewal of contract, reduction in force, or transfer. No school administrator or supervisor shall threaten, harass, or otherwise coerce a school employee into serving as an unlicensed medication assistant.
(e) The Alabama Board of Nursing shall retain the sole authority to adopt rules to permit delegation of limited nursing tasks by licensed nurses to trained, unlicensed assistive personnel and to implement this chapter.
(f) The medical authorization allowed under this chapter shall be limited to permitting the use of medications specific to seizure disorders. Under no circumstance shall rectal or vaginal suppositories be administered by anyone other than a licensed nurse.
(Act 2021-517, §1.)