Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 59 - REGULATIONS FOR SCHOOL HEALTH AND SAFETY
Section 92-59-001 - General Provisions

Current through March 20, 2024

001.01 Statutory Authority. This Chapter is adopted pursuant to Neb. Rev. Stat. §§ 25-21,280, 79-305, 79-318, and 79-1102 to 79-1104, the Medication Aide Act in Neb. Rev. Stat. §§ 71-6718 through 71-6742, and the Seizure Safe Schools Act in Neb. Rev. Stat. §g 79-3201 to 79-3207.

001.02 Medication Aide Act Requirements. Sections 003, 004 and 005 of this Chapter set forth the methods for competency assessment for school staff who provide medications and/or participate in observing and reporting for monitoring medications. In order for school staff members to provide medication as mentioned above, the staff members must be able to successfully pass a competency assessment no less than every three (3) years as provided in such sections.

001.02A Nothing in this Chapter may be construed to require any school to employ or use a school nurse or medication aide to be in compliance with the Medication Aide Act.

001.03 Emergency Response to Life Threatening Asthma or Systemic Allergic Reactions (Anaphylaxis). Section 006 of this Chapter sets forth the requirements for Emergency Response to Life Threatening Asthma or Systemic Allergic Reactions (Anaphylaxis) Protocols.

001.04 Seizure Safe Schools Act Requirements. Sections 007, 008. and 009 of this Chapter sets forth the requirements for training related to seizure medications, procedures for developing seizure action plans, and the content for seizure action plans-Each school must have at least one school employee who has met the training requirements to administer seizure rescue medication or medication prescribed to treat seizure disorder symptoms according to seizure action plans authorized by parents and guardians of students who have seizure disorders and who have been prescribed such medications.

001.05 Related Regulations. In addition to this Chapter, accredited schools must comply with 92 NAC 10; approved schools must comply with 92 NAC 14; and, approved early childhood education programs must comply with 92 NAC 11. The requirements of Sections 003, 004, and 005 of this Chapter are directly related to the provisions set forth in Title 172, Nebraska Administrative Code, Chapter 95 which is promulgated by the Department of Health and Human Services Regulation and Licensure and is entitled, Administration of Medications by Medication Aides and Medication Staff.

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