H.B. 245

1

ADMINISTRATION OF MEDICATION TO
2 STUDENTS AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Rebecca D. Lockhart
6 Senate Sponsor: Carlene M. Walker
7
8 LONG TITLE
9 General Description:
10 This bill modifies the State System of Public Education Code relating to the
11 administration of medication to students.
12 Highlighted Provisions:
13 This bill:
14 . allows school administrators rather than school boards to meet certain requirements;
15 . modifies the role of school nurses relating to the administration of medication to
16 students; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-11-601, as enacted by Laws of Utah 1988, Chapter 236
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-11-601 is amended to read:

28 53A-11-601. Administration of medication to students -- Prerequisites --
29 Immunity from liability.
30 (1) A public or private school that holds any classes in grades kindergarten through 12
31 may provide for the administration of medication to any student during periods when the
32 student is under the control of the school, subject to the following conditions:
33 (a) the local school board [or its], charter school governing board, or the private
34 equivalent [has consulted], after consultation with the Department of Health and [other
35 appropriate health professionals and adopted] school nurses shall adopt policies that provide
36 for:
37 (i) the designation of employees who may administer medication;
38 (ii) proper identification and safekeeping of medication;
39 (iii) the training of designated employees by the school nurse; [and]
40 (iv) maintenance of records of administration; and
41 (v) notification to the school nurse of medication that will be administered to students;
42 and
43 (b) medication may only be administered to a student if:
44 (i) the student's parent or legal guardian has provided a current written and signed
45 request that medication be administered during regular school hours to the student; and
46 (ii) the student's [physician, dentist, nurse practitioner, or physician assistant has
47 provided a signed statement describing] licensed health care provider has prescribed the
48 medication and provides documentation as to the method, amount, and time schedule for
49 administration, and a statement that administration of medication by school employees during
50 periods when the student is under the control of the school is medically necessary.
51 (2) Authorization for administration of medication by school personnel may be
52 withdrawn by the school at any time following actual notice to the student's parent or guardian.
53 (3) School personnel who provide assistance under Subsection (1) in substantial
54 compliance with the [physician's or dentist's] licensed health care provider's written [statement]
55 prescription and the employers of these school personnel are not liable, civilly or criminally,
56 for:
57 (a) any adverse reaction suffered by the student as a result of taking the medication;
58 and

59 (b) discontinuing the administration of the medication under Subsection (2).




Legislative Review Note
as of 9-20-07 9:28 AM

Office of Legislative Research and General Counsel