Administration of Medications by School Employees

(a)The Superintendent shall have at least one

(1)school employee at each school who has met the requirements of § 9A202 on duty during the entire school day, including any afterschool programs, to administer or assist with the administration of the following medications:

(1)inhaled bronchodilator to a student with asthma as noted in the health care practitioner’s written statement under Subsection (c)(2) of this Section;

(2)epinephrine auto-injector to a student with asthma or a documented life-threatening allergy who is experiencing anaphylaxis or other conditions noted in the health care COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT practitioner’s written statement under Subsection (c)(2) of this Section;

(3)glucagon subcutaneously to a student with diabetes who is experiencing hypoglycemia or other conditions noted in the health care practitioner’s written statement under Subsection (c)(2) of this Section;

(4)insulin subcutaneously to a student, through the insulin delivery method used by the student and at the times and under the conditions noted in the health care practitioner’s written statement under Subsection (c)(2) of this Section; and

(5)a seizure rescue medication approved by the United States Food and Drug Administration and any successor agency to a student with a seizure disorder who is experiencing a seizure or other condition noted in the health care practitioner’s written statement under Subsection (c)(2) of this Section.

(b)Training. For those assigned the duties under Subsection

(a)of this Section, training provided under § 9A202(a)(3) or

(4)shall include instruction in administering the medications described under Subsection

(a)of this Section, as well as recognition of the signs and symptoms of the conditions associated with those medications and the appropriate steps to be taken to respond to the symptoms of asthma, anaphylaxis, hypoglycemia and hyperglycemia, and seizures.

(c)Required Written Statements. Prior to administering or assisting with the administration of any of the medications listed under Subsection

(a)of this Section to a student by a school employee qualified under § 9A202(a), the student’s parent or guardian shall:

(1)provide the school with a written authorization for the school employee to administer the medication at school;

(2)provide a written statement from the student’s health care practitioner that the student has a condition requiring prescribed medication. The statement shall also contain the following information: COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT

(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;

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

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

(3)provide the prescribed medication to the school in its unopened, sealed package with the label affixed by the dispensing pharmacy intact.

(d)The statements required in Subsection

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

(e)Limitation on 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 resulting from acts or omissions related to the administration or the assistance in administration of any medication listed under Subsection

(a)of this Section or from any reaction to any of the medications listed under Subsection

(a)of this Section that a parent or guardian has authorized the school to administer to a student, 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 written 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 COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT shall indemnify and hold harmless the government of Guam, the school, and its employees and agents against any claims made for any injury sustained by the student resulting from acts or omissions related to the administration or the assistance in administration of any of the medications listed under Subsection

(a)of this Section or from any reaction to any of the medications listed under Subsection

(a)of this Section that a parent or guardian has authorized the school to administer to a student, 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.

(f)Renewal. Permission for the administration of any of the medications listed under Subsection

(a)of this Section shall be effective for the school year in which it is granted, and shall be renewed each following school year.

(g)Expiration Dates. The school nurse or school administrator shall check the expiration date monthly for each medication listed under Subsection

(a)of this Section that is in the possession of the school. At least one

(1)month prior to the expiration date of each medication, the school nurse or school administrator shall inform the parent or guardian of the expiration date.

(h)The requirements of Subsections

(a)to

(g)of this Section shall apply only to a school that has, only to the extent that it has, a student enrolled who has a condition requiring the prescribed medication listed under Subsection

(a)of this Section prescribed by the student’s health care practitioner.

(i)Nothing in this Section shall be construed to require a school employee to consent to administer medications to a student if the employee does not otherwise consent to provide the health service under § 9A202(a).

(j)Notwithstanding any other provision of law to the contrary:

(1)the administration of any one or more of the medications listed under Subsection

(a)of this Section by COL1172018 CH. 9A STUDENT HEALTH SERVICES ACT school employees shall not constitute the practice of nursing and shall be exempt from all applicable statutory and regulatory provisions that restrict the activities that may be delegated to or performed by a person who is not a licensed health care practitioner; and

(2)a licensed health care practitioner may provide training to or supervise school employees in the administration of any one or more of the medications listed under Subsection

(a)of this Section. --------ARTICLE 4 SPECIFIC CONDITIONS