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
requires each school
system to develop a
Student Services Plan that
provides guidelines for its
various components
including school health
services.
of the practice of nursing. GA. CODE
§ 43-26-3 (6), (8)(I)-(J).
Each public school in this state shall
permit the self-administration of
asthma medication by a student who
has asthma. GA. CODE § 20-2-774
(2002).
**The Georgia School Health
Resource Manual (2004) states that
if emergency medication (EpiPen,
glucagon, diazepam) is ordered by
the physician and is provided by
the family, “school administration
and staff should be prepared to
comply with the plan, per local
policy,” and sets out suggested
protocol for diazepam
administration (pp. 178-179),see
http://www.gasn.org/gasn.org/files/
images/chapt03_medicationadmini
stration.pdf
activities to unlicensed
individuals. See GA. CODE §§ 43-
26-3 and 43-26-12.
Kentucky
As a school employee that
meets the requirements of
Ky. Rev. Stat. Ann. §
156.502 (a designated
provider of health
services), school nurses
may be asked to
administer diazepam to
students under Ky. Rev.
Stat. Ann. § 158.838.
Yes. Ky. Rev. Stat. Ann. §
156.502(2)(c) states that, under
certain circumstances, health services
may be provided by school
employees who have had the
responsibility delegated to them by a
medical professional.
state law.
* 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).
2
Under Ky. Rev. Stat. Ann. §
156.502(2)(c), the nurse may
delegate performance of a health
service to a UAP.
**Ky. Rev. Stat. Ann. § 158.838
(2005) mandates that each
school board or district have at
least one qualified school
employee at each school who is
on duty during the entire school
day to administer diazepam
rectal gel. The UAP is not
required to administer the
medication unless consenting to
provide health services under