SENATE, No. 375
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Establishes standards of practice for clinical nursing services providers for medically fragile students.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on February 9, 2012, with amendments.
An Act concerning medically fragile students and amending P.L.1999, c.153.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1999, c.153 (C.18A:40-3.2) is amended to read as follows:
1. a. The Legislature finds and declares that school nursing is a separate and distinct specialty within the nursing and educational professions and that therefore competence in specified areas of health and education is needed in order for school nurses to act as health advocates for school-age children.
b. The Legislature further finds and declares that 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 care they receive at home. Maintaining a continuity of care for medically fragile students creates a safer environment at school, fosters learning, and gives parents confidence that their children’s medical needs are being met by qualified health care providers. Currently, there are no standards of practice in place for providers of clinical nursing services. As a result, the quality of care medically fragile students receive in school is often inadequate to meet their health care needs. Therefore, it is in the public interest that, in order to guarantee the health and safety of medically fragile students while attending school, providers of clinical nursing services for such students meet the same qualifications as providers of clinical nursing 1[specialist]1 services certified to participate in the State’s Medicaid and NJ FamilyCare programs, and that parents should be given the option to choose the provider who will render clinical nursing services to their children while attending school, if the cost remains neutral to the school district.
(cf: P.L.1999, c.153, s.1)
2. Section 2 of P.L.1999, c.153 (C.18A:40-3.3) is amended to read as follows:
2. A school district shall
only utilize or employ for the provision of nursing services in the public
schools of the district persons holding an educational services certificate
with an
endorsement as a school nurse issued by the State Board of Examiners, except
for those non-nursing personnel who are otherwise authorized by statute or
regulation to perform specific health related services. Special education
students and those with medical needs requiring specialized care shall have
that care rendered by an appropriate provider as appointed by the 1State1 Board of
Education. No person shall be issued such certificate unless the person is
licensed as a registered nurse pursuant to the provisions of P.L.1947, c.262
(C.45:11-23 et seq.) and meets all of the requirements prescribed by the board
for a nursing endorsement. A school district may supplement the services
provided by the certified school nurse with non-certified nurses, provided
that the non-certified nurse is assigned to the same school building or school
complex as the certified school nurse.
A medically fragile student requiring clinical nursing services shall have such care rendered by a provider of clinical nursing services who meets the same standards and criteria established by the Department of Human Services for providers of clinical nursing 1[specialist]1 services 1[certified] approved1 to participate in the 1[State]1 Medicaid program pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and the NJ FamilyCare Program pursuant to P.L.2005, c.156 (C.30:4J-8 et seq.). 1Nothing in this section shall be construed to exclude a licensed health care service firm that is approved to provide private duty nursing under the Medicaid Program and is in compliance with State Board of Education regulations1. The parent or legal guardian of a medically fragile student shall have the option to choose a provider to render clinical nursing services to the student, and the 1State1 Board of Education shall allow the provider chosen by the parent or legal guardian to render such services to the student only if the cost to the school district remains neutral.
As used in this section1[, “medically] :
“Medically1 fragile student” means a school-aged child who suffers from a life-threatening medical condition, and as a result of such condition, requires more individualized and continuous care than is available from a school nurse.
“Clinical nursing services” means 1specific1 health care services, based on a medically fragile student’s individualized education plan and a physician’s 1or advanced practice nurse’s1 orders, provided by a registered nurse or licensed practical nurse with specialized pediatric training who attends to the student1.
“Provider” means an agency that renders clinical nursing services and is approved to provide private duty nursing under the Medicaid program pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.)1.
(cf: P.L.1999, c.153, s.2)
3. This act shall take effect immediately.