ADMINISTRATION OF MEDICATION TO STUDENTS
Students may be required to take medication during the school day. The district shall establish procedures which may allow students to self-administer medications for diabetes and asthma/anaphylaxis. Other medications shall be administered by the school nurse, a registered Medication Aide, or other school staff member meeting the minimum competency standards for the Medication Aide Act.
Self-Management of Diabetes and Asthma/Anaphylaxis
Upon completion of required procedures, the district and parent or guardian, in consultation with the studentís physician, will develop a diabetes or asthma/anaphylaxis† medical management plan for the current school year. The plan shall:
1. Identify the health care services the student may receive at the school relating to the condition;
2. Evaluate the studentís understanding of and ability to self-manage his/her condition;
3. Permit regular monitoring of the studentís self-management of his/her condition by an appropriately credentialed health care professional; and
4. Be signed by the studentís parent or guardian and the physician responsible for treatment of the studentís condition.
For asthma/anaphylaxis the plan will also include:
1. Include the name, purpose, and dosage of the prescription medication prescribed for such student; and
2. Include procedures for storage and access to backup supplies of such prescription medication.
The parent or guardian shall sign a statement that:
1. The district and its employees and agents are not liable for any injury or death arising from a studentís self-management of his/her condition; and
2. Shall indemnify and hold harmless the district and its employees and agents against a claim arising from a studentís self-management of his/her condition.
The superintendent shall develop all necessary procedures and forms to implement the self-management plans and student disciplinary procedures regarding the misuse or threatened misuse of medications and supplies.† The school will promptly notify the parent/guardian of such disciplinary action.†
Medication for Conditions other than Diabetes or Asthma/Anaphylaxis
Medication will not be administered without written authorization that is signed and dated from the parent, and the medication must be in the original container which is labeled by the pharmacy or the manufacturer with the name of the child, name of the medication, the time of the day which it is to be given, the dosage and the duration.
Written authorization will also be secured when the parent requests student co-administration of medication for other than diabetes or asthma/anaphylaxis when competency is demonstrated. When administration of the medication requires ongoing professional health judgment, an individual health plan will be developed by the licensed health personnel with the student and the student's parents. A written record of the administration of medication procedure must be kept for each child receiving medication including the date; student's name; prescriber or person authorizing the administration; the medication and its dosage; the name, signature and title of the person administering the medication; and the time and method of administration and any unusual circumstances, actions or omissions. Administration of medication records shall be kept confidential.
Records shall be available to the Department of Health and Human Services Regulation and Licensure, the Department of Health and Human Services, and the State Department of Education for inspection and copying.
Medication will be kept in a secured area.† Students may carry medication only with the approval of the parents and building principal of the student's attendance center. Emergency protocol for medication‑related reactions will be in place.
The superintendent shall be responsible, in conjunction with the school nurse or Medication Aide, for developing rules and regulations governing the administration of prescription and nonprescription medication to students, including emergency protocols, and for ensuring persons administering medication have met the requirement of state statutes. Annually, each student shall be provided with the requirements for administration of medication at school.
Legal Reference: ††††††††††††††††††††† 34 C.F.R. ß99.1 to 99.67 (1994)
††††††††††††††††††††††††††††††††††††††††††††††† Neb. Statute 71-6718 (Medication Aide Act)
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††††† 79-249
††††††††††††††††††††††††††††††††††††††††††††††† 173 N.A.C. ch. 3, sect. 001-009.04
Cross Reference:††††††††††††††††††††† 507 †††† Student Records
508 †††† Student Health and Well‑Being
604.03 Special Education†
608.02 Student Health Services
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Columbus, Nebraska