North Carolina General Statutes 110-102.1A. Unauthorized administration of medication
(a) It is unlawful for an employee, owner, household member, volunteer, or operator of a licensed or unlicensed child care facility as defined in N.C. Gen. Stat. § 110-86, including child care facilities operated by public schools and nonpublic schools as defined in N.C. Gen. Stat. § 110-86(2)(f), to willfully administer, without written authorization, prescription or over-the-counter medication to a child attending the child care facility. For the purposes of this section, written authorization shall include the child’s name, date or dates for which the authorization is applicable, dosage instructions, and signature of the child’s parent or guardian. For the purposes of this section, a child care facility operated by a public school does not include kindergarten through twelfth grade classes.
(b) In the event of an emergency medical condition and the child’s parent or guardian is unavailable, it shall not be unlawful to administer medication to a child attending the child care facility without written authorization as required under subsection (a) of this section if the medication is administered with the authorization and in accordance with instructions from a bona fide medical care provider. For purposes of this subsection, the following definitions apply:
(1) A bona fide medical care provider means an individual who is licensed, certified, or otherwise authorized to prescribe the medication.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class F felony | between 10 and 41 months | |
| Class A1 misdemeanor | up to 150 days |
Terms Used In North Carolina General Statutes 110-102.1A
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- 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.
(2) An emergency medical condition means circumstances where a prudent layperson acting reasonably would have believed that an emergency medical condition existed.
(c) A violation of this section that results in serious injury to the child shall be punished as a Class F felony.
(d) Any other violation of this section where medication is administered willfully shall be punished as a Class A1 misdemeanor. (2003-406, s. 2.)