SENATE BILL REPORT

                   SB 6328

              As Reported By Senate Committee On:

                  Education, January 31, 2000

                Ways & Means, February 8, 2000

Title:  An act relating to administration of oral medications at school.

Brief Description:  Requiring training for persons administering oral medications at school.

Sponsors:  Senators Franklin and Winsley.

Brief History:

Committee Activity:  Education:  1/26/2000, 1/31/2000 [DPS].

Ways & Means:  2/3/2000, 2/8/2000 [DPS (EDU)].

SENATE COMMITTEE ON EDUCATION

Majority Report:  That Substitute Senate Bill No. 6328 be substituted therefor, and the substitute bill do pass.

  Signed by Senators McAuliffe, Chair; Eide, Vice Chair; Benton, Brown, Finkbeiner, Goings, Hochstatter, Kohl-Welles, Rasmussen and Swecker.

Staff:  Susan Mielke (786-7422)

SENATE COMMITTEE ON WAYS & MEANS

Majority Report:  That Substitute Senate Bill No. 6328 as recommended by Committee on Education be substituted therefor, and the substitute bill do pass.

  Signed by Senators Loveland, Chair; Bauer, Vice Chair; Brown, Vice Chair; Fairley, Fraser, Kline, Kohl-Welles, Long, Rasmussen, Roach, B. Sheldon, Snyder, Spanel, Winsley and Zarelli.

Staff:  Bill Freund (786-7441)

Background:  State law requires school districts and private schools to adopt policies on the administration of oral medication if schools provide this service for students during school hours.  The policies must address the designation of employees who may administer the oral medications to students.  Before a school employee administers the medication, the employee must check that it appears to be in the original container and properly labeled.

The public or private school employee must administer the medication following the prescription or a doctor's or dentist's written instructions.  If the employee is in substantial compliance with the prescription or written instructions when administering the medication and other district policies are followed, then the employee, the employee's school or school board shall not be liable for any criminal action or civil damages as a result of the administration of the medication.

Public school districts must provide training and supervision for school employees who provide oral medication for students.

Summary of Substitute Bill:  Beginning with the 2000-01 school year, each school must designate at least two school employees, other than the school nurse, who are responsible for the administration of oral medications to students.  Any employee who administers or may administer oral medications who has not received specific training must complete a basic core training before administering medications.

The Nursing Care Quality Assurance Commission must adopt rules providing for ongoing training for school employees who administer oral medications.

Substitute Bill Compared to Original Bill:  The employee must receive training prior to administering oral medications instead of by the end of first month of school.  The Nursing Care Quality Assurance Commission must adopt rules for on-going training instead of the State Board of Education adopting the rules.  The requirement for rules regarding training on medications other than oral medications is removed.  Grammatical changes are made.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  This bill takes effect July 1, 2000.

Testimony For:  There is a shortage of nurses in the schools.  The result of this shortage is that nurses are not available to administer oral medications.  Therefore, the activity is delegated to other school staff.  This is a potentially dangerous situation because the training currently provided to the staff is insufficient.  Current training does not cover the basic core knowledge necessary for the staff to feel comfortable and competent when performing this duty.

Testimony Against:  Training is required now but it is insufficient.  How can we be sure that the training required under this bill will be any better or more thorough?  This training will be a cost to the local school districts.

Testified (Education):  PRO w/concerns:  Judy Maire, OSPI; Clynn Finnie, PSE; Doug Nelson, PSE; Peggy Harris PSE; Dwayne Slate, WSSDA.

Testified (Ways & Means):  Barbara Mertens, WASA (pro); PRO w/concerns:  Doug Nelson, Clynn Finnie, PSE; Ken Kanikeberg, Judy Maire, OSPI.