HOUSE BILL ANALYSIS

                  HB 1289

Title:  An act relating to medicinal and catheterization administration in public schools.

 

Brief Description:  Providing medical assistance in public schools.

 

Sponsors:  Representatives Johnson, Hickel, Conway, Cody, Cole, Quall, Smith and Clements.

 

HOUSE COMMITTEE ON EDUCATION

 

Meeting Date:  February 4, 1997.

 

Bill Analysis Prepared by:  Joe Hauth (786-7111).

 

Background:

 

Administering Oral Medication to Students

Public school districts and private school governing boards may designate certain employees to provide oral medication to students who are in school when the medicine needs to be administered.  If a school district or private school intends to administer oral medication to students during school hours, then the school board or private school governing council must adopt policies that include:

 

Cobtaining a written request from the parent or legal guardian to administer the medication;

Cobtaining written dentist or physician instructions for administering medications if there is a valid health reason for administering the medication during school hours or the medication has to be administered for more than fifteen school days;

Cdesignating personnel to administer medication to students;

Cconfirming the medication to be administered;

Csafekeeping the medication; and

Crecording the administration of the medication. 

 

In each case, the school district or private school must obtain a written request from a parent or legal guardian to administer the medicine to the student, obtain a written request from a licensed physician or dentist explaining why the medicine needs to be administered during school hours, and obtain directions for administering the medicine from the dentist or doctor.  The public or private school employee who administers the medication has to follow the prescription, and ensure that the medication appears to be in its original container and is properly labeled.  A registered nurse or advanced registered nurse practitioner must train any public or private school employee who administers oral medication in proper medication procedures.

 

Administering or Assisting in Bladder Catheterization of Students

Public school districts and private school governing boards may designate certain employees to perform clean, intermittent bladder catheterization of students, or help students in performing a self-catheterization.  If a school district or private school provides catheterization services, then the school district board of directors or private school governing board must comply with rules adopted by the Washington State Nursing Care Quality Assurance Commission, including:

 

Cobtaining a written request from the child=s parent or legal guardian for the catheterization;

Cobtaining a written request from the physician to provide the catheterization during school hours;

Cobtaining written instructions from a registered nurse or advanced registered nurse practitioner that designates who may provide the catheterization and whether any supervision is necessary; and

Ctraining the employee to perform catheterization or assist in self-catheterization, if the employee is not a licensed practical nurse.  The training must be provided by a physician, advanced registered nurse practitioner, or registered nurse.

 

The school district or private school must develop the catheterization policy in accordance with collective bargaining agreements. 

 

In general, school districts must provide medical services to children with special needs to ensure that those children have a free appropriate public education.    The term Afree appropriate public education@ is special education and related services needed to assist a handicapped child to benefit from special education.  ARelated services@ may include school health services provided by a qualified school nurse or other qualified person. 

 

Summary of Bill: 

 

Administering Oral Medication to Students

Public and private schools must obtain a written agreement from employees who are designated to administer oral medications to students.  The school district or private school must keep the written agreement on file. 

 

School district employees who are not licensed as a registered nurse, an advanced registered nurse practitioner, a licensed practical nurse, or a registered or certified nursing assistant may refuse in writing to administer oral medications to students within the school district.  Under these circumstances, the school district may not terminate an employee who refuses to administer oral medications to students within the school district. 

 

Administering or Assisting in Bladder Catheterization of Students

School district employees who are not licensed as a registered nurse, an advanced registered nurse practitioner, a licensed practical nurse, or a registered or certified nursing assistant may refuse in writing to perform clean, intermittent bladder catheterization of students.  Under these circumstances, the school district may not terminate an employee who refuses to perform catheterization of students within the school district. 

 

Presumably, the school districts will have to hire nurses or other personnel willing to administer oral medications or perform catheterizations for special need students when necessary to provide a free appropriate public education for those students. 

 

Fiscal Note:  Requested on January 31, 1997.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.