Legal Rights of Children with Epilepsy in School & Child Care

Selected State Laws on School Medication Administration including
Emergency
Antiepileptic Drugs (revised 2008)
State
What duty does a
school nurse have
regarding medication
in
school?
o
Can unlicensed
assistive personnel
(UAP)* administer
medication in school?
Extent of
Nurse’s
Authority to
Delegate
Administration
of Medication
Alabama
District of
Columbia
See ALA. BD. OF NURSING
ADMIN. CODE 610-X-6.06.
D.C. CODE § 38-632 states
that the school principal
shall designate UAPs
authorized to administer
medications. No policy
that specifically addresses
the administration of
medication by nurses in
schools.
Florida See FLA. ADMIN. CODE r.
64 B9-14.002.
Georgia
GA. STATE EDUC. RULE
160-4-8-.01 (2000)
Yes, ALA. BD. OF NURSING ADMIN.
CODE 610-X-6.06 (2) and (4):
Administration of specific types of
prescription medications to a student
may be delegated to a UAP.
**Yes, D.C. CODE § 38-632 – any
employee who has been properly
trained may administer medication
in compliance with the signed,
written instructions of a licensed
practitioner if parent/guardian
hand-delivers medications to
school, gives consent in writing,
and employee is under the
supervision of an RN or licensed
practitioner.
FLA. STAT. § 1006.062 (1)(b) allows
each district school board to adopt
policies and procedures governing
the administration of prescription
medication by district school board
personnel. ** FLA. STAT. § 1006.062
(4) allows UAPs to perform healthrelated
services upon successful
completion of child-specific
training, including (d)
administering emergency
injectable medication.
However, under FLA. STAT. §
1006.062 (5), for all other invasive
medical services not listed in (4), a
licensed medical professional shall
determine if UAPs shall be allowed
to perform such service.
Administration of medication falls
under the Georgia Code’s definition
RNs cannot delegate specific tasks
to UAPs that require independent
nursing judgment or intervention –
this includes the administration
of rectal or vaginal medications
ALA. BD. OF NURSING ADMIN.
CODE 610-X-6.06 610-X-6.06 (2)
and (4) (C).
D.C. Board of Education and the
D.C. Department of Human
Services jointly issue rules and
regulations that establish “criteria
for the selection, in consultation
with the school-based licensed
nurse, of employees at each public
school who shall administer
medication.” D.C. CODE § 38-634
(a) (9).
School board policies and
procedures designate non-medical
school personnel who will
administer medication in school.
FLA. STAT. § 1006.062 (1)(b).
Nurses must use their nursing
judgment to consider the
suitability of the task or activity to
be delegated. FLA. ADMIN. CODE
r. 64 B9-14.002.
FLA. ADMIN. CODE r. 64 B9-
14.003 does not specifically
include administration of
medication as a task that a nurse is
prohibited from delegating.
The Georgia NPA does not
provide for delegation of licensed
* In the school context, UAPs typically include health aides, teachers, and teachers’ aides.
** Signifies a law or policy explicitly or implicitly permitting administration of emergency antiepileptic medication by
UAPs. These laws and policies are noted in bold text, along with laws and polices that expressly reference
diazepam rectal gel or other rectally-administered medication (including those that restrict administration by
UAPs).
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