Student Self-Administration and Possession of

Medications.

(a)The Superintendent shall permit the self-administration of medications by a student with a condition requiring prescribed medication if the student’s parent or guardian:

(1)provides a written authorization to the school for the student to self-administer prescribed medication; and

(2)provides a written statement from the student’s health care practitioner that the student has a condition requiring prescribed medication and has been instructed in self-administration of the student’s prescribed medications to treat the condition. The statement shall also contain the following information:

(A)the name and purpose of the medication;

(B)the prescribed dosage;

(C)the route of administration;

(D)the frequency or precise times in which the medication may be administered; COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT

(E)the circumstances under which the medication may be administered; and

(F)the length of time for which the medications are prescribed.

(b)Recordkeeping. The statements required in Subsection

(a)of this Section shall be kept on file in the office of the school nurse or school administrator.

(c)Limitation of Liability.

(1)Disclosure. The Superintendent shall inform the parent or guardian of the student that the government of Guam, the school, and its employees and agents shall incur no liability, except as provided in this Chapter, as a result of any injury sustained by the student from the self-administration of his or her prescribed medications, unless the injury is the result of gross negligence, willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed on behalf of the school or its employees or agents.

(2)Acknowledgment. The parent or guardian of the student shall sign a statement acknowledging that the government of Guam and the school shall incur no liability, except as provided in this Chapter, and the parent or guardian shall indemnify and hold harmless the government of Guam, the school, and its employees and agents against any claims relating to the self-administration of prescribed medications, unless the injury is the result of gross negligence, willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed on behalf of the school or its employees or agents.

(d)Upon request by the parent or student, the student shall have access to a private area for self-administering prescribed medication.

(e)Renewal of Permission. The permission for selfadministration of medications shall be effective for the school year in which it is granted and shall be renewed each following school COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT year upon fulfilling the requirements of Subsections (a), (b), and

(c)of this Section.

(f)Possession of Medication. Upon fulfilling the requirements of Subsections (a), (b), and

(c)of this Section, a student with a condition requiring prescribed medication may possess and use prescribed medications when at school, during school-sponsored activities, or before and after normal school activities, including school-sponsored child care or afterschool programs and travel to and from any school-sponsored activity.

(g)Diabetes Care Tasks. Upon fulfilling the requirements of Subsections (a), (b), and

(c)of this Section, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system the student uses, treat hypoglycemia, and otherwise attend to the care and management of his or her diabetes when at school, during school-sponsored activities, or before and after normal school activities, including school-sponsored child care or afterschool programs. A student shall be permitted to possess on his or her person at all times necessary supplies and equipment to perform these monitoring and treatment functions. Upon request by the parent or student, the student shall have access to a private area for performing diabetes care tasks. Any training of a school employee in diabetes care tasks shall be fully consistent with training programs and guidelines developed by the American Diabetes Association.