throbber
Brief Communication
`
`Acceptance of the Use of Diazepam Rectal
`Gel in School and Day Care Settings
`
`Debbie Terry, MS, CNP, Juliann Paolicchi, MD, and Mary Karn, MSN, CNP
`
`Journal of Child Neurology
`Volume 22 Number 9
`September 2007 1135-1138
`© 2007 Sage Publications
`10.1177/0883073807306254
`http://jcn.sagepub.com
`hosted at
`http://online.sagepub.com
`
`This study was conducted to identify how often parents
`of children with epilepsy encounter barriers to the use of
`diazepam rectal gel in day care or school settings and how
`these barriers affect the child and family. Sixty-four parents
`completed an 18-item questionnaire documenting their expe-
`rience with asking their child’s school to administer diazepam
`rectal gel. No data regarding its actual use in the school was
`obtained. Forty-three parents (68%) had asked their school to
`administer diazepam rectal gel; 35 (81%) reported school
`
`agreement, and 8 (19%) reported refusal. In 5 of these
`refusals, the cited reason was legal concerns, and in 5
`cases the refusal had some adverse effect on their family’s
`life. Most children prescribed diazepam rectal gel do not
`encounter resistance to its use in school and day care set-
`tings. Barriers to its use are usually due to legal concerns and
`significantly affect the family’s quality of life.
`
`Keywords:
`
`rectal diazepam; schools; barriers
`
`Diazepam is often used for the acute treatment
`
`of seizures. Diazepam rectal gel was developed to
`allow parents and caregivers to treat acute repetitive
`seizures at home and outside of the hospital. Although not
`approved by the United States Food and Drug Administration
`for the treatment of prolonged seizures, diazepam rectal gel is
`often prescribed off-label for this use.1-3 Diazepam rectal
`gel is safe and effective for use outside of the hospital and
`provides a feeling of control for parents of children with
`epilepsy.1-6
`When rectal diazepam is not used, the standard treat-
`ment for the child with acute repetitive seizures or a pro-
`longed seizure is the administration of an intravenous
`antiepileptic medication such as diazepam or lorazepam by
`trained medical personnel and a trip to the emergency
`department. Unfortunately, in our experience, this some-
`times results in delayed treatment, physiologic changes due
`to prolonged or repetitive seizures, and emotional and finan-
`cial burdens associated with the seizure and its treatment.
`Parents and caregivers have been administering diazepam
`rectal gel safely in the home since 1997,7 and some parents
`ask other caregivers in schools or day care settings to admin-
`ister rectal diazepam if needed. The availability of diazepam
`
`From the Comprehensive Epilepsy Center, Department of Neurology,
`Columbus Children’s Hospital (DT, JP, MK); and the College of Nursing
`(DT) and the Division of Pediatric Neurology (JP), The Ohio State University,
`Columbus, Ohio.
`Address correspondence to: Debbie Terry, Certified Nurse Practitioner,
`Department of Neurology, E5, Columbus Children’s Hospital, 700
`Children’s Dr, Columbus, OH, 43205; e-mail: terryd@chi.osu.edu.
`Terry D, Paolicchi J, Karn M. Acceptance of the use of diazepam rectal gel
`in school and day care settings. J Child Neurol. 2007;22:1135-1138.
`
`rectal gel in school and day care settings may make it easier
`for children to participate in school and social activities
`while parents work or engage in other activities important to
`the family’s quality of life. Some parents, however, report
`that schools and day care providers refuse to administer
`diazepam rectal gel, which may have a significant adverse
`effect on the child’s well-being and the child’s and family’s
`quality of life. The purpose of this study was to identify the
`frequency with which parents experience barriers to the use
`of diazepam rectal gel in day care and school settings, what
`the barriers are, and the effect of such problems on the child
`and family.
`
`Methods
`
`A prospective study using a convenience sample was con-
`ducted in the Columbus Children’s Comprehensive Epilepsy
`Clinic from December 2003 through May 2004. Parents of
`the 218 children seen in the clinic for epilepsy were screened
`to participate in the study at a child’s routine clinic visit.
`Parents eligible to participate in the study were those who
`had a child aged younger than 18 years with epilepsy who
`had been prescribed diazepam rectal gel for treatment of pro-
`longed or acute repetitive seizures before the current clinic
`visit. Only 1 parent per patient participated in the study.
`Each participant completed an 18-item questionnaire
`that included forced-choice and open-ended questions
`about their experience with asking their child’s school to
`administer diazepam rectal gel. We developed the question-
`naire from our clinical experience, and content validity
`was established by pretesting with 10 parents and content
`
`1135
`
`Neurelis - EX. 2016
`Aquestive Therapeutics, Inv. v. Neurelis, Inc. - IPR2019-00451
`
`

`

`1136 Journal of Child Neurology / Vol. 22, No. 9, September 2007
`
`Table 1. Parents’ Reasons for Not Asking School to Give
`Diazepam Rectal Gel (N = 21)
`
`Table 2. Effect of Previous Use of Diazepam Rectal Gel Use
`on Parents’ Decision to Ask the School
`
`Reason
`
`Child does not go to school
`Child’s seizures occur infrequently or
`primarily during sleep
`Parents did not want school to give
`Parents were afraid someone might
`hurt the child
`Parent did not know they could ask
`the school to give
`Parent did not think school staff could
`learn how or when to give
`
`Frequency of
`Diazepam Gel
`Use in the Past Year
`
`Parents Asking
`School (n = 43),
`No. (%)
`
`Parents Not
`Asking School
`(n = 21), No. (%)
`
`Never
`1-3 times
`>3 times
`
`a. χ2 = 8.3
`
`19 (44)
`6 (14)
`18 (41)
`
`9 (42)
`9 (42)
`3 (14)
`
`P Value
`
`NS
`NS
`0.02a
`
`No. (%)
`
`7 (35)
`7 (35)
`
`5 (25)
`2 (10)
`
`2 (10)
`
`2 (10)
`
`review by other pediatric neurologists and nurses. The study
`was approved by Columbus Children’s Hospital Institutional
`Review Board.
`
`Results
`
`Of the 218 children screened, 86 of their caregivers met
`inclusion criteria and 64 agreed to participate. The average
`age of the child was 7.9 years (22 months-17 years): 1 (2%)
`was younger than 2 years old, 12 (27%) were 2 to 5 years
`old, 25 (58%) were 6 to 11 years old, and 5 (12%) were older
`than 12 years. Of the 64 children, 31 were boys (48%)
`and 33 were girls (51%). Twenty (31%) were in a special
`education classroom, indicating some degree of cognitive,
`behavioral, or physical impairment. The 64 caregivers who
`completed the questionnaire consisted of 56 mothers, 5
`fathers, 1 foster mother, and 2 legal guardians.
`During the last year, 36 of the 64 children (56%) had
`received diazepam rectal gel at home, school, or else-
`where in the community: 15 (28%) received diazepam
`rectal gel 1 to 3 times, and 18 (41%) received it more than
`3 times. In addition, 12 children (18.8%) had been trans-
`ported from school to an emergency department at least
`once in the last year for a seizure.
`Of the 64 parents surveyed, 43 (68%) asked the school to
`administer diazepam rectal gel, whereas 21 parents (32%)
`had never asked the school to do so. Reasons cited by par-
`ents for not asking the school to administer diazepam rectal
`gel are summarized in Table 1. Parents of children who had
`received diazepam rectal gel more than 3 times in the last
`year were significantly more likely to ask the school than
`were parents of children who had received the medication 3
`times or less in the past year (Table 2). Age, gender, and past
`history of emergency transport from school for seizures did
`not significantly affect whether parents asked the school to
`administer diazepam rectal gel.
`Of the 43 parents, 35 (81%) reported the school agreed
`to administer diazepam rectal gel, and 8 (19%) reported
`school refusal. Reasons for refusal of schools to give
`
`Table 3. Reasons Cited by Schools for Refusal to
`Give Diazepam Rectal Gel (N = 8)
`
`Reason
`
`Not legally allowed
`Concerned about privacy for child
`Concerned they would not know when to give
`Parents did not know the reason
`Concerned they could not learn how to give
`Concerned the child would stop breathing
`Concerned about sexual abuse allegations
`Concerned they would hurt the child
`
`No. (%)
`
`5 (62)
`2 (25)
`2 (25)
`2 (25)
`1 (12.5)
`0
`0
`0
`
`diazepam rectal gel are summarized in Table 3. By χ2 square
`analysis, age, gender, past use of diazepam rectal gel, and
`past history of emergency transport from school to hospital
`for seizures did not significantly differ between those who
`reported school agreement and refusal.
`Of the 8 parents who reported school refusal, 5 indicated
`that the refusal had some adverse effect on their child and
`family: all 5 parents worried their child would be hurt by a
`seizure, 3 kept their child at home some days or full time and
`were not able to work or go to school themselves, and 1 went
`to school with their child. Only 3 of the 8 parents who had
`reported school refusal had not affected their child or family.
`Information about these types of concerns was not collected
`from the parents who reported school agreement. Parents
`could have these same concerns regardless of whether the
`school agreed to administer diazepam rectal gel.
`The type of school the child attended had a significant
`effect on the school’s willingness to administer diazepam
`rectal gel (Table 4). Schools administered by the Depart-
`ment of Mental Retardation and Developmental Disabilities
`were significantly more likely to agree to administer
`diazepam rectal gel than were private schools (Fisher exact
`test, P = .015). Although not reaching statistical signifi-
`cance, public schools tended to be more willing to adminis-
`ter diazepam rectal gel than were private schools; however,
`both were less likely to agree than were the Department
`of Mental Retardation and Developmental Disabilities
`schools.
`
`Neurelis - EX. 2016
`Aquestive Therapeutics, Inv. v. Neurelis, Inc. - IPR2019-00451
`
`

`

`Table 4. School Setting and Agreement to
`Give Diazepam Rectal Gel
`
`Table 6. Concerns Reported Regarding Administration of
`Diazepam Rectal Gel
`
`Use of Diazepam Rectal Gel / Terry et al 1137
`
`Parents
`Who Asked
`(N = 43), No.
`
`School Agreed
`(Overall = 81%),
`No. (%)
`
`School Refused
`(Overall = 19%),
`No. (%)
`
`Concern
`
`Reported by
`Parent (N = 40),a
`No. (%)
`
`Reported
`by School
`(N = 35), No. (%)
`
`No concerns
`Will not know when or
`how to give
`Not legally allowed
`Child will stop breathing
`Child will be embarrassed
`Child will be hurt
`Child will be sexually abused
`
`17 (42.5)
`21 (52.5)
`
`5 (12.5)
`5 (12.5)
`4 (10)
`2 (5)
`1 (2.5)
`
`a. Three parents did not answer this question.
`
`24 (68.6)
`5 (14.2)
`
`3 (8.6)
`2 (5.7)
`2 (5.7)
`0
`0
`
`School Setting
`
`MRDD schools
`Public schools
`Private schools
`
`15
`22
`6
`
`15 (100)
`17 (77)
`3
`
`0
`5 (13)a
`3b,c
`
`NOTE: MRDD = Department of Mental Retardation and Developmental
`Disabilities.
`a. MRDD school versus public school: Fisher exact test P = .067.
`b. MRDD school versus private school: Fisher exact test P = .015.
`c. Public school versus private school: Fisher exact test P = .31.
`
`Table 5. Special Education Services for Child
`and School’s Agreement
`
`Special Education Service
`
`Agreed, No. (%)
`
`Refused, No. (%)
`
`Discussion
`
`1:1 aide or nurse
`Occupation/physical/
`speech therapy
`Special education classroom
`Regular classroom
`Aide in classroom
`Individualized education plan
`
`9 (90)
`23 (85)
`
`17 (85)
`5 (83)
`13 (81)
`27 (79)
`
`1 (10)
`4 (15)
`
`3 (15)
`1 (17)
`3 (19)
`7 (21)
`
`The type of special education services the children
`received is listed in Table 5. Although not significant (P =
`.42), schools tended to agree to give diazepam rectal gel
`if the student had a 1:1 aide or nurse: 9 of 10 schools
`(90%) agreed to give diazepam rectal gel when the child
`had a 1:1 aid or nurse compared with only 26 of 33
`schools (79%) agreeing if the child did not have such
`assistance.
`Schools that agreed to administer diazepam rectal gel
`sometimes still expressed concerns about its administra-
`tion. Parental concerns and school concerns as reported
`by parents are summarized in Table 6. Overall, parents
`cited more concerns than did the schools, especially
`regarding when and how administration should occur.
`In schools agreeing to diazepam rectal gel administration,
`the school nurse was most frequently the person designated
`to administer the medication (70.6%). However, other per-
`sonnel, such as the teacher, school aide, 1:1 nurse for child,
`principal, aide on a bus, and even a bus driver, were trained
`and designated in the emergency plan to administer rectal
`diazepam. Information about how school personnel were
`trained to administer the medication was not obtained; some
`parents commented that they or the nurse provided training.
`Parents were generally happy with the plan developed by the
`school: 24 parents (70.6%) were very happy, 6 (17.6%) were
`somewhat happy, 3 (8.8%) were somewhat unhappy, and 1
`(2.9%) was very unhappy.
`
`Most parents in this study did not encounter barriers to the
`administration of diazepam rectal gel in their child’s school
`or day care setting. Barriers were most often related to legal
`concerns, and refusal usually resulted in some adverse effect
`on the child and family. The greatest parental concern was
`that the child would be hurt by a seizure. Parents were gen-
`erally happy with the school’s plan to administer rectal
`diazepam; plans usually relied on the nurse but also included
`a number of other individuals in the school. Only the type of
`school setting (private schools versus Department of Mental
`Retardation and Developmental Disabilities schools) had a
`significant effect on school agreement.
`
`Legal Concerns
`
`Although legal concerns were identified as a concern by
`both parents and schools, there is no legal reason in most
`of the United States why school personnel cannot adminis-
`ter a rectal medication such as diazepam rectal gel in an
`emergency situation.8 For example, Ohio Department of
`Education rules mandate that each school system’s board of
`education adopts a policy authorizing its employees to
`administer prescription drugs to students enrolled in their
`schools.9 Unfortunately, many schools do not have a full-
`time licensed nurse and must rely on unlicensed personnel
`to administer medication. In addition, the Ohio Nurse
`Practice Act allows for the delegation of medication admin-
`istration, including rectal medication, to unlicensed school
`personnel especially in an emergency situation.10
`The Individuals with Disabilities Education Act and
`Section 504 of the Rehabilitation Act require schools that
`receive federal funding to provide special education and
`related services to children with disabilities such as epilepsy.
`Schools must make reasonable accommodations to allow for
`the safe inclusion of students with disabilities in school pro-
`grams.8,11 Having trained personnel available to administer
`
`Neurelis - EX. 2016
`Aquestive Therapeutics, Inv. v. Neurelis, Inc. - IPR2019-00451
`
`

`

`1138 Journal of Child Neurology / Vol. 22, No. 9, September 2007
`
`diazepam rectal gel is a reasonable accommodation for stu-
`dents with epilepsy. The Epilepsy Foundation has developed
`a position statement on the use of diazepam rectal gel in
`schools, child care centers, and camps. They urge providers
`of child care and educational services to work with the child,
`family, and health care providers to learn how to safely
`administer diazepam rectal gel, citing this as a reasonable
`accommodation required by federal law.12
`
`Quality-of-Life Issues
`
`Several studies have documented an improvement in quality-
`of-life measures secondary to diazepam rectal gel. Parents
`report reduced disruption of daily activities and family life,
`reduced time lost from work and school, and feelings of
`empowerment by the improved control and management of
`the patient’s epilepsy.3-5 In our study, parents reported that
`when the school agreed, they usually were happy with the
`emergency plan. When schools refused, however, parents
`often reported some adverse effect on the child and family’s
`quality of life. Parents worried about their child’s well-being
`and, in some instances, had to make significant accommoda-
`tions in their child’s education or their family’s life by keep-
`ing their child at home or going to school with the child.
`However, some parents may have these same concerns or
`make the same accommodations even when the school
`agrees to administer diazepam rectal gel.
`
`Type of School Setting
`
`All Department of Mental Retardation and Developmental
`Disabilities schools and most public schools in our study
`agreed to administer diazepam rectal gel. The Department of
`Mental Retardation and Developmental Disabilities regula-
`tions specifically provide for training of staff on the adminis-
`tration of diazepam rectal gel.13 Although public schools are
`mandated to develop a policy for the administration of med-
`ications, policies vary with the local school district’s interpre-
`tation of state and federal laws. We suspect that private
`schools, which often receive no federal funding and are
`under no legal requirement to provide special services for
`children with disabilities, are less likely to make accommo-
`dations to administer diazepam rectal gel. It is also possible
`that parents in other regions encounter more difficulties
`than those in Ohio.
`
`Conclusion
`
`In general, the administration of diazepam rectal gel to treat
`acute, symptomatic seizures is available to our patients
`in their school and day care settings. The Department of
`Mental Retardation and Developmental Disabilities schools
`were the most accommodating environment. A school that
`refuses to administer diazepam rectal gel most often cites
`legal concerns as the reason for refusal, and the child and
`family’s quality of life may be impacted.
`
`Acknowledgment
`
`This work was presented at the American Epilepsy Society
`Annual Meeting, Washington, District of Columbia, Decem-
`ber 4, 2005; at the Child Neurology Society Meeting,
`Los Angeles, California, September 31, 2005; at the Interna-
`tional Epilepsy Congress, Paris, France, August 31, 2005;
`and at the Pediatric Academic Society, Washington, District
`of Columbia, May 17, 2005.
`
`References
`
`1. Alldredge BK, Wall DB, Ferriera, DM. Effect of prehospital
`treatment on the outcome of status epilepticus in children.
`Pediatr Neurol. 1995;12:213-216.
`2. O’Dell C, Shinnar S, Ballaban-Gil KR, et al. Rectal diazepam gel
`in the home management of seizures in children. Pediatr Neurol.
`2005;33:166-172.
`3. Camfield CS, Camfield PR, Smith E, Dooley JM. Home use of
`rectal diazepam to prevent status epilepticus in children with
`convulsive disorders. J Child Neurol. 1989;4:125-126.
`4. Cereghino JJ, Mitchell WG, Murphy J, Kriel RL, Rosenfeld WE,
`Trevathan E. The North American Diastat Study Group: treating
`repetitive seizures with a rectal diazepam formulation. Neurology.
`1998;5:1274-1282.
`5. Kriel RL, Cloyd JC, Hadsall RS, Carlson AM, Floren KL, Jones-
`Saete CM. Home use of rectal diazepam for cluster and pro-
`longed seizures: efficacy, adverse reactions, quality of life, and
`cost analysis. Pediatr Neurol. 1991;7:13-7.
`6. Mitchell WG, Conry JA, Crumrine PK, et al. North American
`Diastat Group: An open-label study of repeated use of diazepam
`rectal gel (Diastat) for episodes of acute breakthrough seizures
`and clusters: safety, efficacy, and tolerance. Epilepsia. 1999;40:
`1610-1617.
`7. Cloyd JC, Lalonde RL, Beniak TE, Novack, GD: A single-blind,
`crossover comparison of the pharmacokinetics and cognitive
`effects of a new diazepam rectal gel with intravenous diazepam.
`Epilepsia. 1998;39:520-526.
`8. Epilepsy Legal Defense Fund, Epilepsy Foundation. Diastat
`Administration in Schools: Summary of Relevant Federal Laws and
`Selected Cases. 2006. Available at: http://www.epilepsyfoundation
`.org/epilepsylegal/genattyresources.cfm. Accessed November 12,
`2006.
`9. Ohio Revised Code 3313.713. Available at: http://codes.ohio
`.gov/orc/3313.713. Accessed July 11, 2007.
`10. Ohio Administrative Code Ann 4723-13-04(A)(2) and 4723.32(D).
`Available at: http://codes.ohio.gov/oac/4723-13 and http://codes
`.ohio.gov/orc/4723.32. Accessed July 11, 2007.
`11. American Academy of Pediatrics (AAP) Committee on School
`Health. Guidelines for the administration of medication in
`school. Pediatrics. 2003;112:697-699.
`12. Epilepsy Foundation. Use of New Treatments in Schools, Child
`Care and Camps. 2006. Available at: http://www.epilepsyfoundation
`.org/advocacy/care/treatments.cfm. Accessed November 12, 2006.
`13. Ohio Administrative Code 5123:2-6-05. Available at: http://
`codes.ohio.gov/oac/5123:2-6-05. Accessed July 11, 2007.
`
`Neurelis - EX. 2016
`Aquestive Therapeutics, Inv. v. Neurelis, Inc. - IPR2019-00451
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket