Adult day programs: administration of intranasal emergency antiseizure medications.

Assembly Member Nguyen, joined by Assembly Members Ahrens and Lowenthal, advances a Seizure Emergency Response framework that would empower trained nonmedical staff at licensed adult residential facilities and adult day programs to administer intranasal emergency antiseizure medication during a seizure, upon request from the client or the client’s authorized representative and under a defined seizure action plan. The measure sits atop existing licensing and care standards, adding structured safeguards, training obligations, and coordination requirements for on-site emergency response.

The proposal establishes a formal training regime to be adopted by the administering department by early 2028, with content focused on recognizing seizures, facilitating administration or self-administration, and executing basic emergency follow-up. Training would be provided at no cost during regular work hours, and documentation would be retained in facility records consistent with current regulations for adult residential facilities and adult day programs. Licensees would be required to notify administrators and authorized volunteers about their right to rescind volunteering at any time, without penalty, and with explanations of any liability protections. If no trained administrator or authorized volunteer is available, facilities must coordinate care with the client or their authorized representative to ensure ongoing safety.

A seizure action plan is required before administering any intranasal medication, including a signed authorization from the client or authorized representative renewing annually, and a health care provider statement detailing the medication, dosage, administration method, frequency, precise seizure indicators, potential adverse responses, and post-seizure observation and care protocols. The plan and related coordination requirements must be maintained in compliance with privacy and regulatory standards, and each administered dose must be documented in accordance with relevant medication records. The measure also prescribes storage instructions and requires ongoing documentation, labeling integrity of the dispensed medication, and the facility’s continuity plan for care in the absence of trained personnel.

To support implementation, the bill provides defense and indemnification protections for licensed facilities, administrators, and those who train or assist under the article, conditioned on acting in good faith and not for compensation, with specified exceptions for gross negligence, willful misconduct, crimes, or licensing actions outside the article’s authorization. It links these protections to a broader framework of civil and criminal liability and ensures that privacy considerations and record-keeping requirements align with existing state regulations. The enactment notes no state reimbursement is required for local entities, while acknowledging that expanding the scope of care could constitute a state-mandated local program with related oversight and cost considerations.