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
administered to provide necessary
monitoring or transport to
safeguard the health and condition
of the student. The law amends the
above TN Code provisions. See
www.legislature.state.tn.us
Texas
The responsibility of
administering medications
to students is considered
an
administrative task
assigned by the principal,
rather than a health-related
service
delivered or delegated by a
health care professional.
TX School Health
Guidelines, Ch. 5:
Medication Administration
208 (2005).
Yes. Under TEX. EDUC. CODE ANN.
§ 22.052 (a), the task of
administering medication may be
assigned to a school employee by
the principal as an administrative
function.
**Texas Board of Nurse
Examiners Position Statement
15.13 states that “emergency
administration of Epi-pens,
Glucagon, and Diastat may be
administered by an unlicensed
person under [22 TEX. ADMIN.
CODE] §224.6(4) in order to
stabilize the child and prevent
complications from delaying
treatment.”
Legal permission to administer
medication is granted to employees
of the school district, when
authorized by school principals or
superintendents. The law grants
immunity to all school district
employees. TX School Health
Guidelines, Ch. 5: Medication
Administration 208 (2005).
The RN may delegate tasks in
the school setting in compliance
with 22 TEX. ADMIN. CODE §§
224 and 225.
The responsibility of
administering medications to
students is considered an
administrative task assigned by
the principal, rather than a
health-related service
delivered or delegated by a
health care professional. TX
School Health Guidelines, Ch. 5:
Medication Administration 208
(2005).
The decision to delegate a
specific task is always at the
discretion of the RN in
accordance with 22 TEX. ADMIN.
CODE § 224.8(b)(1)(C) or
§225.9(c).
Students can self-administer
medication for asthma or
anaphylaxis. TEX. EDUC. CODE
ANN. § 38.015 (2006).
* 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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