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District of Columbia Official Code 2001 Edition. |
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Division VI. Education, Libraries, and Cultural Institutions. |
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Title 38. Educational Institutions. |
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Subtitle I. Public Education-Primary and Secondary. |
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Chapter 6. Student Health Care. |
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Subchapter IV. Administration of Medication by Students and Trained School Employees.
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For the purposes of this subchapter, the term:
(1) "Emergency circumstances" means reasonably apparent circumstances that indicate that any delay in treatment would endanger the health or life of the student.
(2) "Medication" means any prescription or non-prescription drug used to treat conditions and illnesses covered by this subchapter.
(3) "Medication action plan" means a written medical treatment plan for an individual student that is developed and submitted to a school in accordance with § 38-651.03.
(4) "Responsible person" means, in the case of a student under 18 years of age, a parent, legal guardian, legal custodian, foster parent, or other adult charged with the ongoing care and supervision of the student, and, in the case of a student 18 years of age or older, the student himself or herself.
(5) "School" means:
(A) Any public school operated under the authority of the Mayor of the District of Columbia; and
(B) Any charter school, parochial school, or private school in the District.
(Feb. 2, 2008, D.C. Law 17-107, § 2, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 2 of Law 17-52 added a section to read as follows:
"Sec. 2. Definitions.
"For the purposes of this act, the term:
"(1) 'Medication action plan' means a written medical treatment plan for an individual student with prescription medication that is developed and submitted to a school in accordance with section 4.
"(2) 'Responsible person' means, in the case of a student under 18 years of age, a parent, legal guardian, legal custodian, foster parent, or other adult charged with the ongoing care and supervision of the student, and in the case of a student 18 years of age or older, the student himself or herself.
"(3) 'School' means:
"(A) Any public school operated under the authority of the Mayor of the District of Columbia; and
"(B) Any charter school, parochial school, or private school in the District."
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 2 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 2 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
Law 17-107, the "Student Access to Treatment Act of 2007", was introduced in Council and assigned Bill No. 17-134 which was referred to the Committee on Health. The Bill was adopted on first reading on October 23, 2007. Signed by the Mayor on December 3, 2007, it was assigned Act No. 17-226 and transmitted to both Houses of Congress for its review. D.C. Law 17-107 became effective on February 2, 2008.
A student may possess and self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation, in order to treat asthma, anaphylaxis, or other illness; provided, that:
(1) The responsible person has submitted a valid medication action plan to the school; and
(2) All other conditions set forth in this subchapter are met.
(Feb. 2, 2008, D.C. Law 17-107, § 3, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 3 of Law 17-52 added a section to read as follows:
"Sec. 3. Possession and self-administration of medication.
"A student may possess and self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation, to treat asthma, anaphylaxis, or other potentially life-threatening illness; provided, that:
"(1) The responsible person has submitted a valid medication action plan to the school; and
"(2) All other conditions set forth in this act, or in rules promulgated pursuant to this act, are met."
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 3 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 3 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
(a) A valid medication action plan shall include:
(1) Written medical authorization, signed by a licensed health practitioner, that states:
(A) The name of the student;
(B) Emergency contact information for the responsible person;
(C) Contact information for the licensed health practitioner;
(D) The name, purpose, and prescribed dosage of the medication;
(E) The frequency that the medication is to be administered;
(F) The possible side effects of the medication as listed on the label;
(G) Special instructions or emergency procedures; and
(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively.
(2) Written authorization, signed by the responsible person, that states:
(A) A trained employee or agent of the school may administer medication to the student in accordance with rules established by the Mayor; or
(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and
(C) The name of the student may be distributed to appropriate school staff, as determined by the principal; and
(3) Written acknowledgment that the District, a school, or an employee or agent of a school shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.
(b) Immediately following any changes regarding the health or treatment of the student, the responsible person shall submit to the school an amended medication action plan.
(c) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.
(Feb. 2, 2008, D.C. Law 17-107, § 4, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 4 of Law 17-52 added a section to read as follows:
"Sec. 4. Medication action plan.
"(a) No student shall possess or self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, or while on school-sponsored transportation, unless the school has a valid medication action plan for that student.
"(b) A valid medication action plan shall include:
"(1) Written medical authorization, signed by the student's health practitioner, that states:
"(A) The name of the student;
"(B) Emergency contact information for the responsible person;
"(C) Contact information for the health practitioner;
"(D) The name, purpose, and prescribed dosage of the medication;
"(E) The frequency that the medication is to be administered;
"(F) The possible side effects of the medication;
"(G) Special instructions or emergency procedures; and
"(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively;
"(2) Written authorization, signed by the responsible person, that states:
"(A) A trained school employee may administer medication to the student in accordance with rules established by the Mayor; or
"(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and
"(3) Written acknowledgment that the school and its employees shall incur no liability and that the responsible person shall indemnify and hold harmless the school and its employees against any claims that may arise relating to the administration, general supervision, training, administration, or self-administration of the authorized medication.
"(c) Within 30 days of any changes in the student's health that affect the medication action plan, the responsible person shall revise the medication action plan and submit the amended plan to the school.
"(d) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.
"(e) A school may deny a medication action plan, pursuant to terms established by the Mayor."
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 4 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 4 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
(a) By July 1, 2008, the Mayor shall develop and implement a medication administration training program, which shall provide training and certification of employees and agents of a school to:
(1) Administer medication to students with valid medication action plans who are not authorized to possess that medication or are not competent to self-administer the medication; and
(2) Administer medication in emergency circumstances to any student experiencing an acute episode of asthma, anaphylaxis, or other illness.
(b) All training provided pursuant to subsection (a) of this section shall be conducted by a health-care professional licensed in the District of Columbia.
(c) A health-care professional shall provide a school with written certification of successful completion of the training for each employee or agent of the school. The certification shall be valid for 3 years.
(Feb. 2, 2008, D.C. Law 17-107, § 5, 54 DCR 12230; Sept. 26, 2012, D.C. Law 19-169, § 24, 59 DCR 5567.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-169, in subsec. (a)(2), substituted "experiencing" for "suffering".
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
Law 19-169, the "People First Respectful Language Modernization Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-189, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assigned Act No. 19-361 and transmitted to both Houses of Congress for its review. D.C. Law 19-169 became effective on September 26, 2012.
Delegation of Authority
Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor's Order 2008-85, June 11, 2008 (55 DCR 9362).
An employee or agent trained and certified pursuant to § 38-651.04 may administer medication to a student with a valid medication action plan; provided, that:
(1) The responsible person has delivered the medication to be administered to the school;
(2) The employee or agent is under the general supervision of licensed health practitioner; and
(3) Except in emergency circumstances, the responsible person has administered the initial dose of a new medication.
(Feb. 2, 2008, D.C. Law 17-107, § 6, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
(a) No employee or agent of a school shall administer medication in emergency circumstances to any student unless he or she has been trained and certified pursuant to § 38-651.04.
(b) The Mayor shall obtain a standing order signed by at least one practicing physician licensed in the District that identifies the specific medications that may be administered in emergency circumstances and provides appropriate administration instructions.
(c) A student need not have a known diagnosis or a medication action plan to receive treatment in emergency circumstances from a trained employee or agent of the school.
(d) The Mayor shall develop a procedure by which the responsible person may request that a minor student not receive treatment in emergency circumstances.
(Feb. 2, 2008, D.C. Law 17-107, § 7, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
Delegation of Authority
Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor's Order 2008-85, June 11, 2008 (55 DCR 9362).
By July 1, 2008, the Mayor shall develop a standardized form for posting emergency response information. The information shall be posted in all schools and shall include:
(1) An explanation of the symptoms and possible consequences of conditions covered by this subchapter;
(2) The names of all the employees or agents of the particular school who are trained and certified to administer medication in emergency circumstances; and
(3) The emergency response steps, as identified by the Mayor, to be taken by the school.
(Feb. 2, 2008, D.C. Law 17-107, § 8, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
Delegation of Authority
Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor's Order 2008-85, June 11, 2008 (55 DCR 9362).
(a) A school shall keep the medication action plans in the school health suite or other designated, easily accessible location.
(b) A school shall create and maintain a list of students with valid medication action plans, including the emergency contact information for each student. The principal of the school may distribute the list among appropriate employees or agents of the school.
(c) A school shall maintain accurate records of all its employees and agents who are certified to administer medication.
(d) A school shall maintain accurate records of all incidents where medication was administered to a student in an emergency circumstance.
(Feb. 2, 2008, D.C. Law 17-107, § 9, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 5 of Law 17-52 added a section to read as follows:
"Sec. 5. Maintenance of records.
"(a) A school shall keep the medication action plan in the school health suite, or other designated, easily accessible location.
"(b) A school shall create and maintain a list of students with valid medication action plans, including the emergency contact information for each student. The principal of the school may distribute this list among appropriate school employees.
"(c) Each school that has a student with a medication action plan for self-administration may schedule a meeting at the beginning of the school year with the school nurse, the principal, the student, the responsible person, and any other appropriate school staff to review the student's medication action plan. Authorization to possess and self-administer previously approved medication shall not be dependent on having had this meeting."
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 5 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 5 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
(a) A school may procure medication for the treatment of asthma, anaphylaxis, or other illness for use in emergency circumstances. The medication shall be properly stored and maintained in an easily accessible location.
(b)(1) A school may receive medication to store for the treatment of asthma, anaphylaxis, or other illness from the responsible person for a student with a valid medication action plan.
(2) The medication shall be:
(A) Properly stored at the school in a location to which the student has immediate access in case of an emergency; and
(B) Labeled with the:
(i) Name of the student;
(ii) Name of the medication;
(iii) Dosage;
(iv) Time of administration; and
(v) Duration of medication.
(3) No school shall be required to store more than a 3-school-day supply of medication for any one student.
(Feb. 2, 2008, D.C. Law 17-107, § 10, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 6 of Law 17-52 added a section to read as follows:
"Sec. 6. Storage of medication.
"(a) A school may receive additional medication from the responsible person for a student with a valid medication action plan; provided, that no school shall be required to store more than a 30-school-day supply of medication for any one student.
"(b) Additional medication shall be:
"(1) Properly stored at the school in a location to which the student has immediate access in case of an emergency; and
"(2) Labeled with the name of the student and the name of the medication, including the dosage, the frequency of administration, and the duration of the medication.
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 6 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 6 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
(a) A school may deny a medication action plan pursuant to terms established by the Mayor.
(b) A student who self-administers medication while at school, at a school-sponsored activity, or while on school-sponsored transportation for a purpose other than his or her own treatment may be subject to disciplinary action by the school; provided, that disciplinary action shall not limit or restrict the access of a student to his or her prescribed medication. The school shall promptly notify the responsible person of any disciplinary action imposed.
(Feb. 2, 2008, D.C. Law 17-107, § 11, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 7 of Law 17-52 added a section to read as follows:
"Sec. 7. Misuse.
"A student who self-administers medication while at school, at a school-sponsored activity, or while on school-sponsored transportation for a purpose other than his or her own authorized treatment may be subject to disciplinary action by the school; provided, that disciplinary action shall not limit or restrict the access of a student to his or her prescribed medication. The school shall promptly notify the responsible person of any disciplinary action imposed."
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 7 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 7 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
The District, a school, or an employee or agent of a school shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.
(Feb. 2, 2008, D.C. Law 17-107, § 12, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 8 of Law 17-52 added a section to read as follows:
"Sec. 8. Liability waiver.
"(a) No school nor any employee or agent of a school shall be held liable for the good-faith performance of responsibilities under this act.
"(b) Except as provided in subsection (a) of this section, nothing in this act shall be interpreted to create a cause of action or to increase or diminish the liability of any person."
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 8 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 8 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.
(b) The Mayor may establish, by regulation, additional types of medication that a student may self-administer and other illnesses for which a student may self-administer medication other than those provided in this subchapter.
(c) All existing rules and regulations promulgated pursuant to subchapter III of this chapter shall remain in effect until rules promulgated pursuant to this subchapter become effective.
(Feb. 2, 2008, D.C. Law 17-107, § 13, 54 DCR 12230.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 9 of Law 17-52 added a section to read as follows:
"Sec. 9. Rules.
"(a) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.
"(b) The Mayor may establish, by regulation, additional types of medication a student may self-administer and potentially life-threatening illnesses for which a student may self-administer medication other than those provided in this act."
Section 11(b) of D.C. Law 17-52 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 9 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).
For temporary (90 day) addition, see § 9 of Student Access to Treatment Congressional Review Emergency Act of 2007 (D.C. Act 17-140, October 17, 2007, 54 DCR 10736).
Legislative History of Laws
For Law 17-107, see notes following § 38-651.01.
Delegation of Authority
Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor's Order 2008-85, June 11, 2008 (55 DCR 9362).
