AB 616

School nurses

Current law directs the Department of Public Instruction (DPI) to license as a

school nurse any registered nurse who is qualified to perform professional nursing

services in a public school. A school district may employ or contract for the services

of a registered nurse who is not licensed as a school nurse; only a licensed school

nurse, however, is immune from civil liability for referring a pupil to law enforcement

authorities, or for removing a pupil from school premises, for suspicion of possession,

distribution, delivery, or consumption of an alcohol beverage or controlled substance,

and only a licensed school nurse may be employed for a special education program.

Under this bill, a school nurse is defined as a registered nurse who has a

bachelor's degree in nursing or who is employed by, or under contract with, a school

board, a cooperative educational service agency (CESA), a county children with

disabilities education board (CCDEB), or an independent charter school as a nurse

on the effective date of the bill. A school nurse need not be licensed by DPI to enjoy

immunity from civil liability for referring a pupil to law enforcement authorities or

to be employed for a special education program.

Administration of drugs to pupils

Under current law, a school bus operator, and any school, CCDEB, or CESA

employee or volunteer authorized by a school district, CCDEB, or CESA

administrator, or by a school principal, may administer a nonprescription drug to a

pupil in compliance with the written instructions of the pupil's parent or guardian

if the pupil's parent or guardian consents. This bill adds the following conditions:

the nonprescription drug must be supplied by the pupil's parent or guardian in the

original sealed manufacturer's package and the package must list the ingredients

and recommended therapeutic dose. A pupil may be administered a nonprescription

drug in a dosage other then the recommended therapeutic dose only with the written

approval of the pupil's practitioner.

Under current law, the persons enumerated above may administer a

prescription drug to a pupil if the pupil's parent or guardian consents. This bill adds

the following conditions: the prescription drug must be supplied by the pupil's parent

or guardian in the original pharmacy-labeled package, and the package must specify

the pupil's name, the prescriber's name, the name of the drug, the dose, the effective

date, and the directions.

The bill also adds a condition that applies to both prescription and

nonprescription drugs: none of the persons enumerated above may administer

either to a pupil unless the person has received appropriate training that has been

approved by DPI.

Current law exempts any person enumerated above from civil liability for his

or her acts or omissions in administering a prescription or nonprescription drug to

a pupil unless he or she is a health care professional or the act or omission constitutes