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
Louisiana LA. REV. STAT. ANN. §
17:436.1 (B) (1) (a)-(c)
(1997) requires a written
order from a physician,
medication provided to the
school, and clear
instructions detailed in a
letter from the guardian
and listed on the
medication container.
Yes. LA. REV. STAT. ANN. § 17:436.1
(B) allows non-medical school board
employees to administer medications
under certain conditions.
The nurse may delegate
medication administration to
trained UAPs once s/he has
determined that this
administration can be safely
performed by and delegated to
that UAP. LA. REV. STAT. ANN. §
17:436.1 (B) (1) (a)-(c)
** Regarding diazepam, the
nurse must base his/her
judgment on:
1) a clinical protocol that clearly
describes the responsibility and
accountability of the certified
school nurse delegating rectal
diazepam administration to
trained UAPs or LPNs;
2) a signed agreement from the
student’s parents authorizing
the administration of diazepam
to their child by a nurse or
trained UAP;
3) the RN’s assessment that the
trained UAP is competent to
administer the rectal diazepam.
Louisiana Board of Nursing,
Declaratory Statement Regarding
the Registered School Nurse
Delegating to Trained Unlicensed
School Employees the
Administration of Rectal Diastat
in Certain Emergency Situations,
March 15, 2005.
Ohio
See OHIO ADMIN. CODE
ANN. § 4723-13-05.
Yes, OHIO REV. CODE ANN. §
3313.713
* 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).
3
Yes, OHIO ADMIN. CODE ANN. §
4723-13-04(A)(2) provides that
nurse may delegate administration
of medication in accordance with
OHIO REV. CODE ANN. §