School nurses and the administration of drugs to pupils

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 a high degree of negligence. Similarly, any person who authorizes a person enumerated above to administer a prescription or nonprescription drug to a pupil is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence.

This bill provides that the person administering the drug to a pupil is not immune from civil liability if he or she has not received DPI-approved training, and that the authorizer is not immune from civil liability if he or she authorizes a person who has not received DPI-approved training to administer a drug to a pupil.

The bill takes effect on the first day of the 12th month beginning after publication.