Administration of medication to pupils

School nurses Under Act 160, 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 the Department of Public Instruction (DPI)to enjoy immunity from civil liability for referring a pupil to law enforcement authorities or to be employed for a special education program.

This bill directs 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.

Administration of drugs to pupils Under Act 160, 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 and if the following conditions are satisfied:

the nonprescription drug is supplied by the pupil's parent or guardian in the original sealed manufacturer's package and the package lists the ingredients and recommended therapeutic dose. A pupil may be administered a nonprescription drug in a dosage other than the recommended therapeutic dose only with the written approval of the pupil's practitioner.

This bill eliminates the requirements relating to the packaging and labeling of a nonprescription drug and the requirement that the nonprescription drug be supplied by the pupil's parent or guardian. The bill also eliminates the provision related to administration of a dosage other than the recommended therapeutic dose.

Under Act 160, the persons enumerated above may administer a prescription drug to a pupil if the pupil's parent or guardian consents and all of the following conditions are met: the prescription drug is supplied by the pupil's parent or guardian in the original pharmacy-labeled package, and the package specifies the pupil's name, the prescriber's name, the name of the drug, the dose, the effective date, and the directions. This bill eliminates the requirements relating to the packaging and labeling of the prescription drug and the requirement that the prescription drug be supplied by the pupil's parent or guardian.

Under Act 160, none of the persons enumerated above may administer prescription or drugs to a pupil unless the person has received appropriate training that has been approved by DPI. This bill eliminates the training requirement.

Under Act 160, a person administering a drug to a pupil is not immune from civil liability if he or she has not received DPI-approved training, and 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.

This bill 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.

Prior to Act 160, each school board, CESA, CCDEB, and governing body of a private school whose employees or volunteers are authorized to administer drugs or prescription drugs to pupils was required to adopt a written policy governing the procedures for administering drugs to pupils, including certain record-keeping requirements. Act 160 made several modifications to the written policy requirements, including the addition of a requirement that the written policy require the documentation of the administration of each dose, including errors. This bill retains this additional requirement, but restores the remainder of the written policy language to pre-Act 160 law.