West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-025A - Standards for Basic and Specialized Health Care Procedures and Standards for the Possession and Use of Medical Cannabis by a Student (Policy 2422.7)
Section 126-25A-10 - Administration of Medication

10.1.a. Medication administration by RNs, LPNs, and trained, designated school personnel shall occur in a clean and quiet environment where privacy is assured and with minimal interruptions.

10.1.b. The initial dose of any medication should be administered at home, excepting emergency medications, unless otherwise directed by the licensed prescriber and/or a court order.

10.1.c. Parents/guardians shall provide completed and signed medication authorization form(s) to be provided by the county board, indicating the student's name; date; allergies; medication name; dosage, time, and route; intended effect of medication; other medication(s) taken by the student; licensed prescriber; and parent/guardian signature. Parents/guardians shall also replenish long-term and emergency prescribed medication as needed and retrieve unused or expired medicine from school personnel no later than 30 days after the authorization to give the medication expires or on the last day of school.

10.1.d. All medication prescribed by a physician shall be in the originally labeled container from the pharmacy stating the student's name, name of the medication, reason(s) for the medication (if to be given only for specific symptoms), dosage, time, route, reconstitution directions if applicable, and the date the prescription and/or medication expires.

10.1.e. All OTCs falling under the school principal's supervision shall be in the original manufacturer's container with the student's name and dosage instructions affixed to the container. The school principal may designate school personnel as defined in this policy to be trained to administer OTCs. The designated school personnel should undergo OTC retraining every two years. The WVDE provides online training for OTC administration.

10.1.f. A county board may choose to develop a medication policy allowing the administration of OTC medications with the parent's/guardian's consent.

10.1.g. Designated school personnel shall receive and review the emergency medication and medication authorization form and obtain authorization from the certified school RN to administer the medication. The student shall not attend school until both the administration form and medication are received to prevent risking the safety and welfare of the student. The SAT, Section 504, or IEP team shall consider the lack of emergency lifesaving medication(s) as child neglect.

10.1.h. The certified school RN is to be contacted immediately when a prescribed medication's appearance or dosage is questioned. The certified school RN shall take appropriate steps to ensure the medication is safe to administer.

10.1.i. The certified school RN is to be contacted immediately when a student's health condition suggests that it may not be appropriate to administer the medication.

10.1.j. When a student's medical condition requires a change in the medication dosage or schedule, the parent/guardian shall provide a new written medication authorization form from a licensed prescriber and container. The parent/guardian shall give medication changes to designated personnel within an appropriate timeframe.

10.1.k. Schools may use those stock medications permitted by W. Va. Code § 18-5-22(c) (epinephrine) and § 18-5-22(d) (opioid antagonist) if the county board adopts a policy under sections 12.2 through 12.14. Schools are required to follow the county board policy and may voluntarily adopt W. Va. Code § 18-5-22(c) (stock epinephrine) as outlined in section 12.2 and W. Va. Code § 18-5-22(d) (stock opioid antagonist) as outlined in section 12.10. County boards shall follow the procedures and protocols for school health and school nursing, as outlined in W. Va. Code and WVBE policies.

10.1.l. Schools should develop a mechanism to ensure all students, especially those with specialized health care needs, participate in school-related field trips. This mechanism should include advance notification to the certified school RN and/or the county's school health services director to ensure out-of-state field trip destinations allow reciprocity and delegation of certain health care procedures by their state board of nursing laws and practice acts since the certified school RNs are licensed to practice nursing only in West Virginia. County boards may consider allowances and reimbursement to certified school RNs and LPNs to hold a compact nursing license, allowing nursing practice in multiple states to support classroom field trips.

10.2.a. contact the physician, parent/guardian, and if necessary, emergency medical services;

10.2.b. notify the certified school RN or administrator recommendation and/or licensed prescriber order in response to a medication administration error;

10.2.c. document all circumstances, orders received, actions taken, and student's status; and

10.2.d. submit a written report to the administrator and county superintendent at the time of the medication administration error. The report should include the student's name; the parent/guardian name and phone number; a specific statement of the medication incident; the person notified; and the remedial actions.

10.3.a. A written medication authorization form is received from the parent/guardian and licensed prescriber permitting self-administration of medication;

10.3.b. The student has demonstrated the ability and understanding to self-administer medication by passing an assessment by the certified school RN evaluating the student's self-administration technique and understanding the appropriate use of the medication;

10.3.c. The parent/guardian has acknowledged in writing that they have read and understood a notice provided by the county board stating that the county board, school, and its employees and agents are exempt from any liability, except for willful and wanton conduct, resulting in injury arising from the self-administration of medication;

10.3.d. The permission to self-administer medication shall be sufficient for the school year during which it is granted. All documents related to the self-administration of medication shall become part of the student's health record; and

10.3.e. The permission to self-administer medication may be revoked if the certified school RN finds that the student's technique and/or understanding of the medication's use is not appropriate or is being willfully disregarded.