Louisiana Administrative Code
Title 28 - EDUCATION
Part CLVII - Bulletin 135-Health and Safety
Chapter 3 - Health
Section CLVII-305 - Administration of Medication
Universal Citation: LA Admin Code CLVII-305
Current through Register Vol. 50, No. 9, September 20, 2024
A. Administration of Medication
1. Each local
educational governing authority shall establish guidelines based upon the joint
policy of BESE and the Louisiana State Board of Nursing for the administration
of medications which shall include but not be limited to the following
provisions.
B. Written Orders, Appropriate Containers, Labels and Information
1. Medication shall not be administered to
any student without an order from a Louisiana, or adjacent state, licensed
physician, dentist, or other authorized healthcare prescriber and it shall
include the following information:
a. the
student's name;
b. the name and
signature of the physician, dentist, or other authorized healthcare
prescriber;
c. the
physician/dentist/other authorized healthcare prescriber's business address,
office phone number, and emergency phone numbers;
d. the frequency and time of the
medication;
e. the route and dosage
of the medication; and
f. a written
statement of the desired effects and the child specific potential of adverse
effects.
2. Medication
shall be provided to the school by the parent or guardian in the container that
meets acceptable pharmaceutical standards and shall include the following
information:
a. name of pharmacy;
b. address and telephone number of
pharmacy;
c. prescription
number;
d. date
dispensed;
e. name of
student;
f. clear directions for
use, including the route, frequency, and other as indicated;
g. drug name and strength;
h. last name and initial of
pharmacist;
i. cautionary auxiliary
labels, if applicable; and
j.
physician's, dentist's, or other authorized healthcare prescriber's
name.
3. Labels of
prepackaged medications, when dispensed, shall contain the following
information in addition to the regular pharmacy label:
a. drug name;
b. dosage form;
c. strength;
d. quantity;
e. name of manufacturer and/or distributor;
and
f. manufacturer's lot or batch
number.
C. Administration of Medication-General Provisions
1. During the period when the medication is
administered, the person administering the medication shall be relieved of all
other duties. This requirement does not include the observation period required
in Paragraph C.5.
2. Except in the
case of a trained unlicensed diabetes care assistant administering diabetes
medications or in life threatening situations, trained unlicensed school
employees may not administer injectable medications.
3. All medications shall be stored in a
secured locked area or locked drawer with limited access except by authorized
personnel.
4. Except in Paragraph
C.2, only oral medications, inhalants, topical ointments for diaper rash, and
emergency medications shall be administered at school by unlicensed
personnel.
5. Each student shall be
observed by a school employee for a period of 45 minutes following the
administration of medication. This observation may occur during instruction
time.
6. School medication orders
shall be limited to medication which cannot be administered before or after
school hours.
D. Principal
1. The principal shall designate at
least two employees to receive training and administer medications in each
school.
E. Teacher
1. The classroom teacher who is not otherwise
previously contractually required shall not be assigned to administer
medications to students.
2. A
teacher may request in writing to volunteer to administer medications to
his/her own students.
3. The
administration of medications shall not be a condition of employment of
teachers employed subsequent to July 1, 1994.
4. A regular education teacher who is
assigned an exceptional student shall not be required to administer
medications.
F. School Nurse
1. The school nurse, in collaboration
with the principal, shall supervise the implementation of the school policies
for the administration of medications in schools to insure the safety, health,
and welfare of the students.
2. The
school nurse shall be responsible for the training of non-medical personnel who
have been designated by each principal to administer medications in each
school. The training shall be at least six hours and include but not be limited
to the following provisions:
a. proper
procedures for administration of medications including controlled
substances;
b. storage and disposal
of medications;
c. appropriate and
correct record keeping;
d.
appropriate actions when unusual circumstances or medication reactions occur;
and
e. appropriate use of
resources.
3. No
employee other than a registered nurse, licensed medical physician, an
appropriate licensed health professional, or hired and trained unlicensed
nursing personnel or unlicensed assistive personnel as defined by the Louisiana
State Board of Nursing shall be required to perform an outside tracheotomy
suctioning procedure on any child in an education setting. However, nothing
shall prohibit an employee who volunteers to perform such procedure and who
complies with the training and demonstration requirement from being allowed to
perform such procedure on a child in an educational setting.
G. Parent/Guardian
1. The parent/guardian who wishes medication
administered to his/her student shall provide the following:
a. a letter of request and authorization that
contains the following information:
i. name of
the student;
ii. clear
instructions;
iii. prescription
number, if any;
iv. current
date;
v. name, degree, frequency,
and route of medication;
vi. name
of physician, dentist, or other authorized healthcare prescriber;
vii. printed name and signature of parent or
guardian;
viii. emergency phone
number of parent or guardian; and
ix. statement granting or withholding release
of medical information;
b. written orders for all medications to be
given at school, including annual renewals at the beginning of the school
year;
c. a prescription for all
medications to be administered at school, including medications that might
ordinarily be available over the counter;
d. a list of all medications that the student
is currently receiving at home and school, if that listing is not a violation
of confidentiality or contrary to the request of the parent/guardian or
student;
e. a list of names and
telephone numbers of persons to be notified in case of medication emergency in
addition to the parent or guardian and licensed prescriber;
f. arrangements for the safe delivery of the
medication to and from school in the original labeled container as dispensed by
the pharmacist; the medication shall be delivered by a responsible
adult;
g. unit dose packaging shall
be used whenever possible.
2. All aerosol medications shall be delivered
to the school in premeasured dosage.
3. No more than a 35 school day supply of
medication shall be kept at school.
4. Except in the case of emergency
medication, the initial dose of a medication shall be administered by the
student's parent/guardian outside the school jurisdiction with sufficient time
for observation for adverse reactions.
5. The parent/guardian shall also work with
those personnel designated to administer medication as follows:
a. cooperate in counting the medication with
the designation school personnel who receives it and sign a drug receipt
form;
b. cooperate with school
staff to provide for safe, appropriate administration of medications to
students, such as positioning, and suggestions for liquids or foods to be given
with the medication;
c. assist in
the development of the emergency plan for each student;
d. comply with written and verbal
communication regarding school policies;
e. grant permission for school
nurse/physician consultation; and
f. remove or give permission to destroy
unused, contaminated, discontinued, or out-of-date medications according to the
school guidelines.
H. Student Confidentiality
1. All student information shall be kept
confidential.
I.
1. Notwithstanding any provision of law or
any rule, regulation, or policy to the contrary, the governing authority of
each public elementary and secondary school shall permit the
self-administration of medications by a student with asthma or diabetes or the
use of auto-injectable epinephrine by a student at risk of anaphylaxis,
provided that the student's parent or legal guardian provides the school in
which the student is enrolled with the following documentation:
a. written authorization for the student to
carry and self-administer such prescribed medications;
b. written certification from a licensed
medical physician or other authorized prescriber that the student:
i. has asthma, diabetes, or is at risk of
having anaphylaxis;
ii. has
received instruction in the proper method of self administration of the
student's prescribed medications to treat asthma, diabetes, or
anaphylaxis;
c. written
treatment plan from the student's licensed medical physician or authorized
prescriber for managing asthma, diabetes, or anaphylactic episodes. The
treatment plan must be signed by the student, the student's parent or other
legal guardian, and the student's licensed medical physician or other
authorized prescriber and shall also contain the following information:
i. the name, purpose, and prescribed dosage
of the medications to be self-administered;
ii. the time or times the medications are to
be regularly administered and under what additional special circumstances the
medications are to be administered;
iii. the length of time for which the
medications are prescribed;
d. any other documentation required by the
governing authority of the public elementary or secondary school.
2. The documentation required by
Paragraph 1 of this Subsection shall be kept on file in the office of the
school nurse or other designated school official.
3. The governing authority of the public
elementary and secondary school shall inform the parent or other legal guardian
of the student in writing that the school and its employees shall incur no
liability as a result of any injury sustained by the student from the
self-administration of medication used to treat asthma, diabetes, or
anaphylaxis. The parent or legal guardian of the student shall sign a statement
acknowledging that the school shall incur no liability and that the parent or
other legal guardian shall indemnify and hold harmless the school and its
employees against any claims that may arise relating to the self-administration
of medications used to treat asthma or anaphylaxis.
4. For the purposes of the Subsection:
Auto-Injectable Epinephrine - a medical device for the immediate self-administration of epinephrine by a person at risk for anaphylaxis.
Glucagon - is a hormone that raises the level of glucose in the blood. Glucagon, given by injection is used to treat severe hypoglycemia.
Inhaler - a medical device that delivers a metered dose of medication to alleviate the symptoms of asthma.
Insulin Pen - a pen- like device used to put insulin into the body.
Insulin Pump - a computerized device that is programmed to deliver small, steady, doses of insulin.
5. A student who has been granted permission
to self-administer medication pursuant to this Subsection shall be allowed to
carry and store with the school nurse or other designated school official an
inhaler, auto-injectable epinephrine, or insulin at all times.
6. Permission for the self-administration of
asthma or diabetes medications or use of auto-injectable epinephrine by a
student shall be effective only for the school year in which permission is
granted. Permission for self-administration of asthma or diabetes medications
or the use of auto-injectable epinephrine by a student shall be granted each
subsequent school year, provided all of the requirements of this Subsection are
fulfilled.
7. Upon obtaining
permission to self-administer asthma or diabetes medication or to use
auto-injectable epinephrine pursuant to this Subsection, a student shall be
permitted to possess and self-administer such prescribed medication at any time
while on school property or while attending a school sponsored
activity.
8. A student who uses any
medication permitted pursuant to this Subsection in a manner other than
prescribed shall be subject to disciplinary action; however, such disciplinary
action shall not limit or restrict such student's immediate access to such
prescribed medication.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:436.1 and R.S. 17:436.1(J).
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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