S-4583

AN ACT Relating to medicinal and catheterization administration in public schools; and amending RCW 28A.210.260 and 28A.210.280.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28A.210.260 and 1994 sp.s. c 9 s 720 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 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 without directions from the student's licensed medical provider, 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 and written agreement of employees who may administer oral medications to students, the acquisition of parent requests and instructions, and the acquisition of dentist and physician requests 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 and written agreement of employees;

(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 physician or dentist 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 physician or dentist regarding the administration of prescribed medication to students who require medication for more than fifteen consecutive work days;

(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 physician or dentist 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 train and supervise the designated school district personnel in proper medication procedures;

(8) Public school boards of directors must obtain a written agreement from school district employees who are not licensed under chapter 18.79 or 18.88A RCW who agree to administer oral medications; and

(9) School district employees, who are not licensed under chapter 18.79 or 18.88A RCW, may file a written letter of refusal to administer oral medications to students with the school district unless the employee's job description specifically includes the administration of oral medications at the time of hiring or transfer. This written letter of refusal may not serve as grounds for employee dismissal or termination of employment.

Sec. 2. RCW 28A.210.280 and 1994 sp.s. c 9 s 721 are each amended to read as follows:

(1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290, if the catheterization is provided for in substantial compliance with:

(a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules; and

(b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.

(2) ((~~This section does not require school districts to provide intermittent bladder catheterization of students.~~)) School district employees, who are not licensed under chapter 18.79 or 18.88A RCW, may file a written letter of refusal to perform clean, intermittent bladder catheterization of students unless the employee's job description specifically includes the performance of clean, intermittent bladder catheterization of students at the time of hiring or transfer. This written letter of refusal may not serve as grounds for employee dismissal or termination of employment.

(3) Nothing in this section relieves a school district from the obligation of providing intermittent bladder catheterization of students as a related service under applicable federal or state law.