Passed by the House January 30, 2012 Yeas 96   ________________________________________ Speaker of the House of Representatives Passed by the Senate February 24, 2012 Yeas 49   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2247 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/10/12. Referred to Committee on Health Care & Wellness.
AN ACT Relating to expanding the types of medications that a public or private school employee may administer to include topical medication, eye drops, and ear drops; and amending RCW 28A.210.260 and 28A.210.270.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28A.210.260 and 2000 c 63 s 1 are each amended to read
as follows:
Public school districts and private schools which conduct any of
grades kindergarten through the twelfth grade may provide for the
administration of oral medication, topical medication, eye drops, or
ear drops of any nature to students who are in the custody of the
school district or school at the time of administration, but are not
required to do so by this section, subject to the following conditions:
(1) The board of directors of the public school district or the
governing board of the private school or, if none, the chief
administrator of the private school shall adopt policies which address
the designation of employees who may administer oral medications,
topical medications, eye drops, or ear drops to students, the
acquisition of parent requests and instructions, and the acquisition of
requests from licensed health professionals prescribing within the
scope of their prescriptive authority and instructions regarding
students who require medication for more than fifteen consecutive
school days, the identification of the medication to be administered,
the means of safekeeping medications with special attention given to
the safeguarding of legend drugs as defined in chapter 69.41 RCW, and
the means of maintaining a record of the administration of such
medication;
(2) The board of directors shall seek advice from one or more
licensed physicians or nurses in the course of developing the foregoing
policies;
(3) The public school district or private school is in receipt of
a written, current and unexpired request from a parent, or a legal
guardian, or other person having legal control over the student to
administer the medication to the student;
(4) The public school district or the private school is in receipt
of (a) a written, current and unexpired request from a licensed health
professional prescribing within the scope of his or her prescriptive
authority for administration of the medication, as there exists a valid
health reason which makes administration of such medication advisable
during the hours when school is in session or the hours in which the
student is under the supervision of school officials, and (b) written,
current and unexpired instructions from such licensed health
professional prescribing within the scope of his or her prescriptive
authority regarding the administration of prescribed medication to
students who require medication for more than fifteen consecutive
workdays;
(5) The medication is administered by an employee designated by or
pursuant to the policies adopted pursuant to subsection (1) of this
section and in substantial compliance with the prescription of a
licensed health professional prescribing within the scope of his or her
prescriptive authority or the written instructions provided pursuant to
subsection (4) of this section;
(6) The medication is first examined by the employee administering
the same to determine in his or her judgment that it appears to be in
the original container and to be properly labeled; and
(7) The board of directors shall designate a professional person
licensed pursuant to chapter 18.71 RCW or chapter 18.79 RCW as it
applies to registered nurses and advanced registered nurse
practitioners, to delegate to, train, and supervise the designated
school district personnel in proper medication procedures.
Sec. 2 RCW 28A.210.270 and 2000 c 63 s 2 are each amended to read
as follows:
(1) In the event a school employee administers oral medication,
topical medication, eye drops, or ear drops to a student pursuant to
RCW 28A.210.260 in substantial compliance with the prescription of the
student's licensed health professional prescribing within the scope of
the professional's prescriptive authority or the written instructions
provided pursuant to RCW 28A.210.260(4), and the other conditions set
forth in RCW 28A.210.260 have been substantially complied with, then
the employee, the employee's school district or school of employment,
and the members of the governing board and chief administrator thereof
shall not be liable in any criminal action or for civil damages in
their individual or marital or governmental or corporate or other
capacities as a result of the administration of the medication.
(2) The administration of oral medication, topical medication, eye
drops, or ear drops to any student pursuant to RCW 28A.210.260 may be
discontinued by a public school district or private school and the
school district or school, its employees, its chief administrator, and
members of its governing board shall not be liable in any criminal
action or for civil damages in their governmental or corporate or
individual or marital or other capacities as a result of the
discontinuance of such administration: PROVIDED, That the chief
administrator of the public school district or private school, or his
or her designee, has first provided actual notice orally or in writing
in advance of the date of discontinuance to a parent or legal guardian
of the student or other person having legal control over the student.