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
Tennessee TENN. CODE ANN. § 63-7-
103 (2006) states that
administration of
medication is a “practice
of professional nursing”
that “requires substantial
specialized judgment and
skill based on knowledge
of the natural, behavioral
and nursing sciences.
No, but see below. Administration of
medications to students during the
school day must be performed by
appropriately licensed health care
professionals. TENN. CODE ANN. §
49-5-415 (2006).
**On May 30, 2008, the Governor
signed into law a bill (HB3268)
authorizing public and private
schools to allow volunteer nonmedical
school staff to administer
diazepam rectal gel pursuant to a
student’s individual health plan, if
a school nurse is not immediately
available to administer the
medication. The law prohibits a
school district from assigning a
student with epilepsy or other
seizure disorder to a school other
than the school for which the
student is zoned because the
student has a seizure disorder. The
law provides that emergency
medical services must be called
whenever the medication is
* 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).
4
3313.713; see OHIO ADMIN. CODE
ANN. 4723-13-05 for requirements
for delegating tasks.
A state court ruled that the
nurse practice act does not
prohibit UAPs from
administeringdiazepam.
Lancaster School District
Support Association v. Board of
Education, Lancaster City
School District, No. 03 CVH 02
02143 (Ohio Ct. of Common
Pleas March 6, 2006), appeal
dismissed based on mootness.
It is considered unprofessional
conduct, unfitness, or
incompetency by reasons of
negligence, habits or other causes
to “[a]ssign[] unqualified persons
to perform functions of licensed
persons or delegating nursing care
functions and tasks and/or
responsibilities to others contrary
to the Nurse Practice Act or rules
and regulations to the detriment of
patient safety.” TENN. BD. OF
NURSING RULES 1000-1-.13 (1)(l)
(2006).