Related to California Code of Regulations Title 5, Article 4.1:
Administering Medication to Students or Otherwise Assisting Students in the Administration of Medication During the Regular School Day
Contents
Purpose
This is a program advisory issued pursuant to Education Code (EC) Section 33308.5, which provides nonbinding recommendations on administering medication to students and otherwise assisting students in the administration of medication. It is intended to provide recommendations to local educational agencies (LEAs) on pertinent issues that have been determined to be important but are outside the scope of regulations. LEAs are encouraged to use this information to develop and adopt local policies and procedures to enable students to receive medications safely while attending school. The content of this advisory was prepared from information provided by a medication committee that was convened by the CDE to assist with the development of the Title 5 regulations pertaining to medication administration in schools. Recommendations for policy and procedures on the administration of medication are included in the body of this advisory. Relevant sections of the EC and the California Code of Regulations (CCR) are included in the appendixes.
Introduction
Large numbers of students with chronic and acute illnesses, the huge array of available medications, new treatment regimens, and advanced technologies for administering medication have significantly affected our schools. Many students with special needs are able to participate in the educational system because of the effectiveness of the medication they take. Some students who need medication at school require close observation or other health interventions following the administration of medication to achieve positive outcomes and improved health status. The new treatment methods and new medication delivery technology may also require extensive training and supervision of designated school personnel performing those services.
In a highly publicized report, To Err Is Human, the Institute of Medicine describes causes of medication errors by licensed health care providers in clinical settings. These causes include lack of sufficient staffing; lack of correct patient identification; and misinterpretation of medication abbreviations, acronyms, and symbols on medication orders. In an informal survey of California school nurses in 2001, the nurses reported that common causes of medication errors by unlicensed designated school personnel included the increased number of medications being administered during the school day; the lack of correct student identification; the misinterpretation of medication dose; the lack of sufficient time to accurately log medication administration resulting in overdosing; and the lack of adequate training and supervision for properly administering medication.
The right of students to receive medication at school exists in the following federal laws:
- Public Law 93-112; 87 Stat. 394; 29 U.S.C. Section 794; (H.R. 8070). "Rehabilitation Act of 1973."
- Public Law 101-336; 104 Stat. 327; 42 U.S.C. sections 12101-12213; (S. 933). "Americans with Disabilities Act of 1990."
- Public Law 105-17; 111 Stat. 37; 20 U.S.C. sections 1400-1485; (H.R. 5). "Individuals with Disabilities Education Act Amendments of 1997."
EC Section 49423 provides statutory authority for providing assistance in administering medication in California schools. EC Section 49423 states: Notwithstanding the provisions of Section 49422, any student who is required to take, during the regular school day, medication prescribed for him by a physician, may be assisted by the school nurse or other designated school personnel if the school district receives (1) a written statement from such physician detailing the method, amount, and time schedules by which such medication is to be taken and (2) a written statement from the parent or guardian of the student indicating the desire that the school district assist the student in the matters set forth in the physician's statement. (Emphasis supplied.)
CCR Title 5, Division 1, Chapter 2, Subchapter 3, Article 4.1, provides clarification for implementing EC Section 49423. Specifically, the regulations clarify who may administer medications to student s requiring medication during the regular school day, under what conditions such administration of medication may occur, and the requirements for the delivery, administration, documentation, and disposal of medication.
The following section, "Laws, Regulations, and Recommendations," provides nonbinding guidance to LEAs on the administration of medication in California public schools.
