Current through Register Vol. 50, No. 9, September 20, 2024
A.
The term noncomplex health procedure shall mean a task which
is safely performed according to exact directions, with no need to alter the
standard procedure, and which yields predictable results. It shall include the
following:
1. modified activities of daily
living which require special instruction such as toileting/diapering,
bowel/bladder training, toilet training, oral/dental hygiene,
lifting/positioning, and oral feeding;
2. health maintenance procedures such as
postural drainage, percussion, tracheostomy suctioning, and gastrostomy feeding
and monitoring of these procedures;
3. screenings such as growth, vital signs,
hearing, vision, and scoliosis.
B. No city or parish school board shall
require any employee other than a registered nurse, licensed medical physician,
or an appropriate licensed health professional to perform noncomplex health
procedures until all the following conditions have been met.
1. A registered nurse or a licensed medical
physician and, when appropriate, another licensed health professional employed
by a city or parish school board, has assessed the health status of the
specific child in his specific educational setting and has determined that,
according to the legal standards of the respective licensed health professional
performing such procedure, the procedure can be safely performed, the results
are predictable, and the procedure can be delegated to someone other than a
licensed health professional following documented training.
2. The registered nurse or the licensed
medical physician and, when appropriate, another licensed health professional
shall train, in his or her area of expertise, at least two such employees to
perform noncomplex health procedures on the specific child in his educational
setting. The employees shall be given not less than four hours of training in
the area of noncomplex health procedures.
3.
a.
Following the training provided for in Paragraph 2, no noncomplex health
procedure, except screenings and activities of daily living such as
toileting/diapering, toilet training, oral/dental hygiene, oral feeding,
lifting, and positioning may be performed unless prescribed in writing by a
physician licensed to practice medicine in the state of Louisiana or an
adjacent state.
b. The employee,
other than the registered nurse, licensed medical physician, or appropriate
licensed health professional shall be required to complete, under the direct
supervision or coordination of a registered nurse, a minimum of three
satisfactory demonstrations. Upon satisfactory completion of these noncomplex
health procedures, the registered nurse, licensed medical physician, or
appropriate licensed health professional and the trainee shall sign a standard
form indicating that the trainee has attained the prescribed level of
competency. A copy of this form shall be kept on file by the school
system.
4. Individuals
who are required to perform noncomplex health procedures and have been trained
according to the provisions of this Section, may not decline to perform such
service at the time indicated except as exempted for reasons as noted by the
licensed medical physician or registered nurse. The reasons for such exemption
shall be documented and certified by the licensed medical physician or a
registered nurse within seventy-two hours.
5. Any employee shall have the right to
request that another school board employee be present while he or she is
performing noncomplex health procedures for a student, to serve as a witness to
the procedure. After making such a request, the employee shall not be required
to perform noncomplex health procedures without such a witness.
C. For the purposes of this
Section:
Employee - any appropriate member of the
education staff.
D. Each city and
parish school board shall provide the necessary safety equipment, materials,
and supplies to each employee who performs noncomplex health procedures as
provided in this Section. Such safety equipment, materials, and supplies shall
include but shall not be limited to gloves, anti-bacterial soaps and wipes,
paper towels, and masks.
E.
Notwithstanding any provision of law or any rule, regulation, or policy to the
contrary, 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
tracheostomy suctioning procedure on any child in an educational setting.
However, nothing in this Section shall prohibit an employee who volunteers to
perform such procedure and who complies with the training and demonstration
requirements as provided in Paragraphs B.2 and 3 of this Section from being
allowed to perform such procedure on a child in an educational
setting.
F. For purposes of this
Section, appropriate licensed health professional shall include a licensed
practical nurse.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:436(A)(2) and
(E).
