House Bill #5327 (2017)

AN ACT RELATING TO EDUCATION -- CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE STUDENTS ACT

Establishes standards of practice for providers of clinical nursing services for medically-fragile students.

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Changes since original draft

  • 2017 – H 5327
  • 2017 – H 5327 AS AMENDED
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  • LC001090
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  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO EDUCATION – CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE
  • STUDENTS ACT
  • Introduced By: Representatives Amore, Keable, Azzinaro, and Lombardi
  • Date Introduced: February 01, 2017
  • Referred To: House Health, Education & Welfare
  • Introduced By: Representatives Amore, Keable, Azzinaro, and Lombardi
  • Date Introduced: February 01, 2017
  • Referred To: House Health, Education & Welfare
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by adding thereto the following chapter:
  • CHAPTER 24.2
  • CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE STUDENTS ACT
  • 16-24.2-1. Short title.
  • This chapter shall be known and may be cited as the "Continuity-of-Care for Medically- Fragile Students Act".
  • 16-24.2-2. Definitions.
  • (a) For purposes of this section, the following terms shall have the meanings indicated:
  • (1) "Clinical nursing services" means specific nursing services, based on a medically- fragile student's individualized education plan and a physician's medical orders, as provided by a registered nurse or licensed practical nurse with specialized pediatric training who attends to the student's health care needs.
  • (2) "Medically-fragile student" means a school-aged individual who suffers from a life- threatening medical condition, and as a result of such condition, requires more individualized and continuous one nurse to one student health care services than is available from a school nurse in order to access public elementary or secondary education. Medically-fragile students are often diagnosed with medical conditions and life-threatening diseases, including cerebral palsy, seizure disorder, and other neurological diseases that require mechanical ventilation and emergent intervention by providers of clinical nurse services while attending school. Medically-fragile students who require clinical nursing services while attending school should expect and receive the same level of health care services that they receive at home.
  • (3) "Provider" means an agency that renders clinical nursing services and is approved by the department of health as a "home nursing care provider" which allows the agency to deliver skilled nursing care services and personal care attendant services in the patient's home pursuant to §23-17-4. Additionally, the home nursing provider must be accredited by a national home care accrediting body.
  • 16-24.2-3. Continuity-of-care for medically-fragile students.
  • (a) A school district shall only utilize or employ for the provision of nursing services in the public schools of the district individuals holding a current school nurse teacher certificate issued by the department of elementary and secondary education with a current professional license as a registered nurse issued by the department of health, except for those non-school personnel who are otherwise authorized by statute or regulation to perform specific health care- related services. Special education students and those with medical needs requiring specialized care, apart from the direct employ of the school district, shall have that care rendered by an appropriate provider as appointed by the department of elementary and secondary education from providers licensed by the department of health under §23-17-4.
  • (b) The parent(s) or legal guardian(s) of a medically-fragile student shall have the option to choose a provider to render clinical nursing services to the student, and the public school district shall allow the provider chosen by the parent(s) or legal guardian(s) to render such services to the student only if the cost to the school district remains neutral. The parent(s) or legal guardian(s) of a medically-fragile student shall be provided access to clinical nursing services at home when their child's absence from school is related to their life-threatening medical condition or is otherwise a health-related absence.
  • (b) The parent(s) or legal guardian(s) of a medically-fragile student shall have the option to choose a provider to render clinical nursing services to the student, and the public school district shall allow the provider chosen by the parent(s) or legal guardian(s) to render such services to the student only if the cost to the school district remains neutral. The parent(s) or legal guardian(s) of a medically-fragile student shall be provided access to clinical nursing services at home by the child's home nursing care provider when their child's absence from school is related to their life-threatening medical condition or is otherwise a health-related absence.
  • SECTION 2. This act shall take effect on August 14, 2017.
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  • LC001090
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO EDUCATION – CONTINUITY-OF-CARE FOR MEDICALLY-FRAGILE
  • STUDENTS ACT
  • ***
  • This act would establish standards of practice for providers of clinical nursing services for medically-fragile students. This act would also allow medically-fragile students to access clinical nursing services at home when the child's absence from school is related to their life- threatening medical condition or is otherwise a health-related absence.
  • This act would take effect on August 14, 2017. ======== LC001090 ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE PASSAGE OF AMENDMENT

May 24, 2017 at 4:31pm
Yeas: 67 / Nays: 0 / Not voting: 8 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee NV
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin NV
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi NV
Rep. Ranglin-Vassell NV
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi NV
Rep. Tobon NV
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for PASSAGE AS AMENDED

May 24, 2017 at 4:31pm
Yeas: 68 / Nays: 0 / Not voting: 7 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin NV
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi NV
Rep. Ranglin-Vassell NV
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi NV
Rep. Tobon NV
Rep. Ucci NV
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y