Louisiana Revised Statutes 17:436.1 – Administration of medication; definition; conditions; restrictions; exceptions
Terms Used In Louisiana Revised Statutes 17:436.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. As used in this Section, the term “medication” shall include all prescription and nonprescription drugs.
B. No city or parish school board shall require any employee other than a registered nurse or licensed medical physician to administer medication until all the following conditions have been met:
(1) The city or parish school board has promulgated guidelines based upon a policy set by the State Board of Elementary and Secondary Education and the Louisiana State Board of Nursing which specifically establishes the procedure to be followed for the administration of medication at each school and which at a minimum provides that:
(a) No medication shall be administered to any student without an order from a licensed physician or dentist who is licensed to practice medicine or dentistry in the state of Louisiana or an adjacent state or any other authorized prescriber authorized in the state of Louisiana to prescribe medications or devices and a letter of request and authorization from the student’s parent or guardian.
(b) No medication shall be administered to any student unless it is provided to the school in a container that meets acceptable pharmaceutical standards.
(c) Both the letter from the parent or guardian and the medication container shall contain clear instructions identifying the student’s name, RX number if any, date, frequency, name of the medication, dosage, route, and physician’s, dentist’s, or other authorized prescriber’s name.
(2) At least two employees at each school have received not less than six hours of training in the administration of medication, including general and child specific training, from a registered nurse, a licensed medical physician, or both.
(3) A registered nurse and/or licensed medical physician employed by a city or parish school board has assessed the health status of the specific child in his specific educational setting and has determined that, according to the legal standards of the respective licensed health professional when performing such procedure, the administration of medication can be safely performed by and delegated to someone who has received documented training with documented competence other than a licensed health professional.
(4) A registered nurse and/or a licensed medical physician employed by a city or parish school board has reviewed the physician’s, dentist’s, or other authorized prescriber’s order and the parent or guardian’s request that the medication be administered and has determined that the administration of medication can be safely performed by and delegated to someone who has received documented training with documented competence other than a licensed health professional.
C. Individuals who are required to administer medication and have been trained according to the provisions of this Section may not decline to perform such service at the time indicated except as exempted for reasons as noted in writing by the licensed medical physician or the registered nurse. The reasons for such exemptions shall be documented and certified by the licensed medical physician or the registered nurse within seventy-two hours of the request for the exemption.
D. Any employee shall have the right to request that another school board employee be present while he is administering the medication to a student to serve as a witness. After making such a request the employee shall not be required to administer the medicine without such a witness.
E. In the absence of the training program as provided in this Section, no city or parish school board shall require any employee other than a registered nurse and/or licensed medical physician to administer medication.
F. Nothing contained in this Section shall be interpreted in such a manner as to relieve a city or parish school board of its duty and obligation to staff all schools with certified nurses.
G. For the purposes of this Section, the terms city or parish school board shall include all governing authorities of public elementary and secondary schools.
H. For the purposes of this Section, the term “authorized prescriber” means a person licensed, registered, or otherwise authorized by the appropriate licensing board to prescribe drugs in the course of professional practice.
I. Notwithstanding any other provisions of this Section, in a school system which is unable after a diligent attempt to employ a full-time registered nurse, a registered nurse shall be employed part time as necessary to provide the services required by this Section. In such a case, the nurse shall be compensated on an hourly basis in an amount which is equal to the average amount paid hourly for a nurse with similar experience in hospitals located within the region of the school district.
J.(1) Notwithstanding any provision of law or any rule, regulation, or policy to the contrary, the governing authority of each public elementary and secondary school shall permit the self-administration of medications by a student with asthma or the use of auto-injectable epinephrine by a student at risk of anaphylaxis, provided that the student’s parent or other legal guardian provides the school in which the student is enrolled with the following documentation:
(a) Written authorization for the student to carry and self-administer such prescribed medications.
(b) Written certification from a licensed medical physician or other authorized prescriber that the student:
(i) Has asthma or is at risk of having anaphylaxis.
(ii) Has received instruction in the proper method of self-administration of the student’s prescribed medications to treat asthma or anaphylaxis.
(c) A written treatment plan from the student’s licensed medical physician or other authorized prescriber for managing asthma or anaphylactic episodes. The treatment plan must be signed by the student, the student’s parent or other legal guardian, and the student’s licensed medical physician or other authorized prescriber and shall also contain the following information:
(i) The name, purpose, and prescribed dosage of the medications to be self-administered.
(ii) The time or times the medications are to be regularly administered and under what additional special circumstances the medications are to be administered.
(iii) The length of time for which the medications are prescribed.
(d) Any other documentation required by the governing authority of the public elementary or secondary school.
(2) The documentation required by Paragraph (1) of this Subsection shall be kept on file in the office of the school nurse or other designated school official.
(3) The governing authority of the public elementary and secondary school shall inform the parent or other legal guardian of the student in writing that the school and its employees shall incur no liability as a result of any injury sustained by the student from the self-administration of medications used to treat asthma or anaphylaxis. The parent or other legal guardian of the student shall sign a statement acknowledging that the school shall incur no liability and that the parent or other legal guardian shall indemnify and hold harmless the school and its employees against any claims that may arise relating to the self-administration of medications used to treat asthma or anaphylaxis.
(4) For the purposes of this Subsection:
(a) “Auto-injectable epinephrine” means a medical device for the immediate self-administration of epinephrine by a person at risk for anaphylaxis.
(b) “Inhaler” means a medical device that delivers a metered dose of medication to alleviate the symptoms of asthma.
(5) A student who has been granted permission to self-administer medication pursuant to this Subsection shall be allowed to carry and store with the school nurse or other designated school official an inhaler or auto-injectable epinephrine, or both, at all times.
(6) Permission for the self-administration of asthma medications or use of auto-injectable epinephrine by a student shall be effective only for the school year in which permission is granted. Permission for self-administration of asthma medications or the use of auto-injectable epinephrine by a student shall be granted each subsequent school year, provided all of the requirements of this Subsection are fulfilled.
(7) Upon obtaining permission to self-administer asthma medication or to use auto-injectable epinephrine pursuant to this Subsection, a student shall be permitted to possess and self-administer such prescribed medication at any time while on school property or while attending a school sponsored activity.
(8) A student who uses any medication permitted pursuant to this Subsection in a manner other than as prescribed shall be subject to disciplinary action; however, such disciplinary action shall not limit or restrict such student’s immediate access to such prescribed medication.
K.(1) Notwithstanding any provision of law or any rule, regulation, or policy to the contrary, the governing authority of each public elementary and secondary school shall adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine, as defined in Subparagraph (J)(4)(a) of this Section, to a student who the school nurse or trained school employee, in good faith, professionally believes is having an anaphylactic reaction, whether or not such student has a prescription for epinephrine. At least one employee at each school shall receive training from an anaphylaxis training organization, a registered nurse, or a licensed medical physician in the administration of auto-injectable epinephrine. The school nurse or trained employee may administer the auto-injectable epinephrine to respond to a student’s anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in the state. For the purposes of this Paragraph, an anaphylaxis training organization means a nationally recognized organization that provides anaphylaxis education or a training program whose leadership includes a physician authorized to practice medicine and surgery or osteopathic medicine and surgery and who is board-certified in allergy and immunology as that designation is issued by a medical specialty certifying board recognized by the American Board of Medical Specialties or American Osteopathic Association.
(2) Each public elementary and secondary school may maintain a supply of auto-injectable epinephrine at the school in a locked, secure, and easily accessible location. A licensed physician may prescribe epinephrine auto-injectors in the name of the school system or the individual school to be maintained for use when deemed necessary pursuant to the provisions of this Subsection.
(3) Each school shall include the policy required by this Subsection in its student handbook and post such policy on the school’s website, if it has one. Such policy shall also be disclosed to any parent or other legal guardian who notifies the school in which the student is enrolled, in writing, that the student has an allergy or other condition which puts him at risk of anaphylaxis.
L.(1) Notwithstanding Subsection A of this Section, the definition of “medication” shall not include sunscreen.
(2) For purposes of this Subsection, “sunscreen” means a compound topically applied to prevent sunburn.
(3) A student may possess and self-apply sunscreen at school, on a school bus, or at a school-sponsored function or activity without parental consent or the authorization of a physician.
(4) If a student is unable to self-apply sunscreen, a school employee may volunteer to apply the sunscreen to the student. A school employee may apply sunscreen to a student only if his parent or legal guardian has provided written consent for this application, and neither a school employee nor his employer shall be held liable for any adverse reaction relating to the employee’s application of the sunscreen or his cessation of such application.
M. The governing authority of each public and nonpublic elementary and secondary school may adopt a policy that authorizes a school to maintain a supply of naloxone or other opioid antagonists and authorizes a school nurse or other school employee to administer naloxone or another opioid antagonist to any student or other person on school grounds in the event of an actual or perceived opioid emergency. Such a policy shall require that school employees other than school nurses receive at least six hours of general training, including training on emergency administration, from a registered nurse or a licensed medical physician prior to being authorized to perform such administration. A school governing authority that does not adopt such a policy shall not be subject to civil liability for failing to authorize such supply or administration.
N.(1) Notwithstanding any provision of law or any rule, regulation, or policy to the contrary, the governing authority of each public elementary and secondary school shall adopt a policy to maintain a supply of auto-injectable epinephrine, as defined in Subparagraph (J)(4)(a) of this Section, in a secure location in each classroom assigned to a student who is deemed by his physician to be at high risk for anaphylactic reaction and incapable of self-administration of auto-injectable epinephrine.
(2) The policy shall require the student’s parent or other legal guardian to annually provide the school in which the student is enrolled with all of the following:
(a) The supply of auto-injectable epinephrine to be kept in each classroom.
(b) Written authorization for the student to be administered the medication.
(c) Written certification from the student’s licensed medical physician or other authorized prescriber that the student is at high risk of having anaphylaxis and is not capable of self-administration of auto-injectable epinephrine.
(d) A written treatment plan, as defined in Subparagraph (J)(1)(c) of this Section, from the student’s licensed medical physician or other authorized prescriber for managing anaphylactic episodes.
(3) The documentation required by this Subsection shall be kept on file in the office of the school nurse or other designated school official.
(4) The teacher in each classroom where auto-injectable epinephrine is stored shall be provided information regarding accessing and administering auto-injectable epinephrine, the signs and symptoms of anaphylactic reactions, and specific information regarding condition, care, and treatment of the student assigned to the classroom who is at high risk of anaphylactic reaction.
(5) The governing authority of the public elementary and secondary school shall inform the parent or other legal guardian of the student in writing that the school and its employees shall incur no liability as a result of any injury sustained by the student from the good faith administration of auto-injectable epinephrine. The parent or other legal guardian of the student shall sign a statement acknowledging that the school shall incur no liability and that the parent or other legal guardian shall indemnify and hold harmless the school and its employees against any claims that may arise relating to the good faith administration of auto-injectable epinephrine.
(6) Each school shall include the policy required by this Subsection in its student handbook and post such policy on the school’s website, if it has one. Such policy shall also be disclosed to any parent or other legal guardian who notifies the school in which the student is enrolled, in writing, that the student has a condition which puts him at risk of anaphylaxis.
(7) The provisions of this Subsection shall be known and may be cited as the “Louis Williams Junior Act”.
Acts 1993, No. 87, §1; Acts 1995, No. 752, §1; Acts 2001, No. 636, §1; Acts 2009, No. 145, §1, eff. June 25, 2009; Acts 2012, No. 624, §1, eff. June 7, 2012; Acts 2017, No. 341, §1; Acts 2018, No. 694, §2; Acts 2022, No. 315, §1, eff. June 10, 2022; Acts 2022, No. 335, §1.