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SUBSTITUTE
SENATE BILL 5590
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Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 02/24/1999.
Expanding the health professionals who may request
administration of oral medication at school.
AN
ACT Relating to which health professionals may sign a request to have oral
medication administered by school employees; 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 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, 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 to students, the acquisition of parent requests and
instructions, and the acquisition of ((dentist and physician)) 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 ((physician or
dentist)) 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 ((physician or dentist)) 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 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)) 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 train and supervise the
designated school district personnel in proper medication procedures.
Sec.
2. RCW
28A.210.270 and 1990 c 33 s 208 are each amended to read as follows:
(1)
In the event a school employee administers oral medication to a student
pursuant to RCW 28A.210.260 in substantial compliance with the prescription of
the student's ((physician or dentist)) 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 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.
Passed the Senate February 11, 2000.
Passed the House March 2, 2000.
Approved by the Governor
March 22, 2000.
Filed
in Office of Secretary of State March 22, 2000.
