Delaware School’s Medication Law

DELAWARE

TITLE 14 EDUCATION

DELAWARE ADMINISTRATIVE CODE 1

800 Health and Safety

817 Administration of Medications and Treatments

1.0 Administration of Medications and Treatment

1.1 Medications, in their original container, and treatments may be administered to a public school student by the school nurse when a written request to administer the medication or treatment is on file from the parent, guardian or Relative Caregiver or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a). The school nurse shall check the student health records and history for contra indications and all allergies, especially to the medications, and shall provide immediate medical attention if an allergic reaction is observed or make a referral if symptoms or conditions persist. The school nurse shall also document the student’s name, the name of medication and treatment administered, the date and time it was administered and the dosage if medication was administered.

10 DE Reg. 1807 (06/01/07)

2.0 Licensed Health Care Provider

2.1 Any prescribed medication administered to a student, in addition to the

requirements in 1.0, shall be prescribed by a licensed health care provider. Treatment, including specialized health procedures, shall be signed by a licensed health care provider with directions relative to administration or supervision.

10 DE Reg. 1807 (06/01/07)

3.0 Prescription Medications

3.1 Prescription medication shall be properly labeled with the student’s name; the

licensed health care provider’s name; the name of the medication; the dosage; how and when it is to be administered; the name and phone number of the pharmacy and the current date of the prescription. The medication shall be in a container which meets United States Pharmacopoeia National Formulary standards.

3.2 Medications and dosages administered by the school nurse shall be limited to

those recommended by the Federal Drug Administration (FDA), peer review journal that indicates doses or guidelines that are both safe and effective or guidelines that are specified in regional or national guidelines.

3.2.1 The prescription and the medication shall be current and long term

prescriptions shall be re authorized at least once a year.

3.2.2 All medications classified as controlled substances shall be counted and reconciled each month by the school nurse and kept under double lock. Such medications should be transported to and from school by an adult.

10 DE Reg. 1807 (06/01/07)

4.0 Non Prescription Medications

4.1 Non prescription medications may be given by the school nurse after the nurse assesses the complaint and the symptoms to determine if other interventions can be used before medication is administered and if all requirements in 1.0 have been met.

10 DE Reg. 1807 (06/01/07)

TITLE 14 EDUCATION

DELAWARE ADMINISTRATIVE CODE

5.0 IEP Team

5.1 For a student who requires significant medical or nursing interventions, the

Individual Education Program (IEP) team shall include the school nurse.

10 DE Reg. 1807 (06/01/07)

6.0 Assistance With Medications on Field Trips

6.1 Definitions

“Assist a Student with Medication” means assisting a student in the self

administration of a medication, provided that the medication is in a properly labeled container as hereinafter provided. Assistance may include holding the medication container for the student, assisting with the opening of the container, and assisting the student in self administering the medication. Lay assistants shall not assist with injections. The one exception is with emergency medications where standard emergency procedures prevail in lifesaving circumstances.

“Field Trip” means any off campus, school sponsored activity.

“Medication” means a drug taken orally, by inhalation, or applied topically, and which is either prescribed for a student by a physician or is an over the counter drug which a parent, guardian or Relative Caregiver has authorized a student to use.

“Paraeducator” mean teaching assistants or aides.

6.2 Teachers, administrators and paraeducator employed by a student’s local school district are authorized to assist a student with medication on a field trip subject to the following provisions:

6.2.1 Assistance with medication shall not be provided without the prior written

request or consent of a parent, guardian or Relative Caregiver (or the student if 18 years or older, or an unaccompanied homeless youth (as defined by 42 USC 11434a). Said written request or consent shall contain clear instructions including: the student’s name; the name of the medication; the dose; the time of administration; and the method of administration. At least one copy of said written request or consent shall be in the possession of the person assisting a student with medication on a field trip.

6.2.2 The prescribed medication, in addition to the requirements in 1.0, shall be

prescribed by a licensed health care provider. The medication shall be properly labeled with the student’s name; the licensed health care provider’s name; the name of the medication; the dosage; how and when it is to be administered; the name and phone number of the pharmacy and the current date of the prescription. The medication shall be in a container which meets United States Pharmacopoeia National Formulary standards.

6.2.3 A registered nurse employed by the school district in which the student is

enrolled shall determine which teachers, administrators and paraeducators are qualified to safely assist a student with medication. In order to be qualified, each such person shall complete a Board of Nursing approved training course developed by the Delaware Department of Education, pursuant to 24 Del.C. §1921. Said nurse shall complete instructor training as designated by the Department of Education and shall submit a list of successful staff to the Department of Education. No person shall assist a student with medication without written acknowledgment that he/she has completed the course and that he/she understands the same, and will abide by the safe practices and procedures set forth therein.

TITLE 14 EDUCATION

DELAWARE ADMINISTRATIVE CODE

3 6.2.4 Each school district shall maintain a record of all students receiving

assistance with medication pursuant to this regulation. Said record shall contain the student’s name, the name of the medication, the dose, the time of administration, the method of administration, and the name of the person assisting.

6.2.5 Except for a school nurse, no employee of a school district shall be

compelled to assist a student with medication. Nothing contained herein shall be interpreted to otherwise relieve a school district of its obligation to staff schools with certified school nurses.

Nonregulatory note: 14 DE Admin. Code 612, Possession, Use and Distribution of

Drugs and Alcohol addresses student self administration of a prescribed asthmatic quick relief inhaler and student self administration of prescribed autoinjectable epinephrine.

7 DE Reg. 68 (07/01/03)

10 DE Reg. 1802 (06/01/07)