Section 167.625

Title XI EDUCATION AND LIBRARIES

Chapter 167

Effective - 30 Jun 2022, see footnote   

  167.625.  Will's law — definitions — epilepsy or seizure disorder, individualized emergency health care plan, requirements — immunity from liability, when. — 1.  This section shall be known and may be cited as "Will's Law".

  2.  As used in this section, the following terms mean:

  (1)  "Individualized emergency health care plan", a document developed by a school nurse, in consultation with a student's parent and other appropriate medical professionals, that is consistent with the recommendations of the student's health care providers, that describes procedural guidelines that provide specific directions about what to do in a particular emergency situation, and that is signed by the parent and the school nurse or the school administrator or the administrator's designee in the absence of the school nurse;

  (2)  "Individualized health care plan", a document developed by a school nurse, in consultation with a student's parent and other appropriate medical professionals who may be providing epilepsy or seizure disorder care to the student, that is consistent with the recommendations of the student's health care providers, that describes the health services needed by the student at school, and that is signed by the parent and the school nurse or the school administrator or the administrator's designee in the absence of the school nurse;

  (3)  "Parent", a parent, guardian, or other person having charge, control, or custody of a student;

  (4)  "School", any public elementary or secondary school or charter school;

  (5)  "School employee", a person employed by a school;

  (6)  "Student", a student who has epilepsy or a seizure disorder and who attends a school.

  3.  (1)  The parent of a student who seeks epilepsy or seizure disorder care while at school shall inform the school nurse or the school administrator or the administrator's designee in the absence of the school nurse.  The school nurse shall develop an individualized health care plan and an individualized emergency health care plan for the student.  The parent of the student shall annually provide to the school written authorization for the provision of epilepsy or seizure disorder care as described in the individualized plans.

  (2)  The individualized plans developed under subdivision (1) of this subsection shall be updated by the school nurse before the beginning of each school year and as necessary if there is a change in the health status of the student.

  (3)  Each individualized health care plan shall, and each individualized emergency health care plan may, include but not be limited to the following information:

  (a)  A notice about the student's condition for all school employees who interact with the student;

  (b)  Written orders from the student's physician or advanced practice nurse describing the epilepsy or seizure disorder care;

  (c)  The symptoms of the epilepsy or seizure disorder for that particular student and recommended care;

  (d)  Whether the student may fully participate in exercise and sports, and any contraindications to exercise or accommodations that shall be made for that particular student;

  (e)  Accommodations for school trips, after-school activities, class parties, and other school-related activities;

  (f)  Information for such school employees about how to recognize and provide care for epilepsy and seizure disorders, epilepsy and seizure disorder first aid training, when to call for assistance, emergency contact information, and parent contact information;

  (g)  Medical and treatment issues that may affect the educational process of the student;

  (h)  The student's ability to manage, and the student's level of understanding of, the student's epilepsy or seizure disorder; and

  (i)  How to maintain communication with the student, the student's parent and health care team, the school nurse or the school administrator or the administrator's designee in the absence of the school nurse, and the school employees.

  4.  (1)  The school nurse assigned to a particular school or the school administrator or the administrator's designee in the absence of the school nurse shall coordinate the provision of epilepsy and seizure disorder care at that school and ensure that all school employees are trained every two years in the care of students with epilepsy and seizure disorders including, but not limited to, school employees working with school-sponsored programs outside of the regular school day, as provided in the student's individualized plans.

  (2)  The training required under subdivision (1) of this subsection shall include an online or in-person course of instruction approved by the department of health and senior services that is provided by a reputable, local, Missouri-based health care or nonprofit organization that supports the welfare of individuals with epilepsy and seizure disorders.

  5.  The school nurse or the school administrator, or the administrator's designee in the absence of the school nurse, shall obtain a release from a student's parent to authorize the sharing of medical information between the student's physician or advanced practice nurse and other health care providers.  The release shall also authorize the school nurse or the school administrator, or the administrator's designee in the absence of the school nurse, to share medical information with other school employees in the school district as necessary.  No sharing of information under this subsection shall be construed to be a violation of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. 104-191), as amended, if a student's parent has provided a release under this subsection.

  6.  No school employee including, but not limited to, a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a school shall be held liable for any good faith act or omission consistent with the provisions of this section, nor shall an action before the state board of nursing lie against a school nurse for any such action taken by a school employee trained in good faith by the school nurse under this section.  "Good faith" shall not be construed to include willful misconduct, gross negligence, or recklessness.

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(L. 2022 S.B. 681 & 662 merged with S.B. 710)

Effective 6-30-22