Subchapter II. Public School Nurses.


  • Current through October 23, 2012
  • (a) A registered nurse shall be assigned to each District of Columbia ("District") elementary and secondary public and public charter school a minimum of 12 hours per week during each semester and during summer school if a summer school program is operated.

    (b)(1) The minimum hours per week of registered nurse services at each school shall increase from 12 to 16 hours per week beginning 1 year after December 10, 1987. The minimum hours per week of registered nurse services at each school shall increase from 16 to 20 hours per week beginning 2 years after December 10, 1987.

    (2) Licensed practical nurses may be used to supplement the registered nurse work force in meeting the required 20 hours per week minimum registered nurse services at each elementary and middle school. The licensed practical nurses shall perform their duties under the appropriate supervision and in general collaboration with the registered nurses.

    (c) Any school that, on May 1, 1987, exceeded the standards for registered nurse services prescribed by subsection (a) or (b) of this section shall continue that level of service, or the level prescribed by subsection (a) or (b) of this section, whichever is greater. No reduction shall be made in the level of registered nurse services at any school except in response to a reduced need based on a reduced student enrollment or a reduced proportion of students requiring special services because of handicapping conditions.

    (d) Appropriate medical coverage, as defined in rules issued by the Board of Education in accordance with subchapter I of Chapter 5 of Title 2, and in consultation with the Director, Department of Health, shall be provided by the Board of Education at any interscholastic athletic event if the event is sponsored by a District public school, occurs in the District, and is identified as requiring medical coverage by rule. This medical coverage may include, but is not limited to:

    (1) A licensed medical doctor;

    (2) A registered nurse;

    (3) A certified athletic trainer;

    (4) An emergency medical technician ("EMT") or paramedic;

    (5) A certified prehospital care provider (as determined by the Director, Department of Health); or

    (6) An adult trained by the Red Cross with current certification in cardiopulmonary resuscitation ("CPR"), first aid, or life-saving.

    (e)(1) Appropriate medical coverage shall be consistent with the risk of injury involved in the interscholastic athletic event. The medical personnel that shall be present at an interscholastic athletic event that occurs in the District and that is sponsored by a District secondary public school shall be detailed as follows:

    (A) For varsity football, a licensed medical doctor and for non-varsity football, a licensed medical doctor or certified athletic trainer;

    (B) For basketball, wrestling, soccer, indoor or outdoor track and field events, or cross-country, at least 1 licensed doctor, certified athletic trainer, registered nurse, EMT or paramedic, or any other certified prehospital care provider, as determined by the Director, Department of Health;

    (C) For volleyball, baseball, softball, or swimming, at least 1 licensed medical doctor, certified athletic trainer, registered nurse, EMT or paramedic, any other certified prehospital care provider, as determined by the Director, Department of Health, or adult trained by the American Red Cross with current certification in CPR, first aid, or life-saving;

    (D) For tennis or golf, medical personnel coverage shall be optional as financial resources allow; and

    (E) For any other sport, the appropriate level of medical personnel coverage, commensurate with the risk of injury involved, shall be set by the Superintendent of Schools of the District of Columbia, in consultation with the Director, Department of Health, and approved by the Board of Education; and

    (2) The medical personnel coverage services shall be in addition to the minimum hours of registered nurse services required by subsection (a) or (b) of this section.

    (f) Sufficient funds to carry out the requirements of this section shall be appropriated out of the general revenues of the District.

    (g) Beginning with the fiscal year 1991, the responsibility for implementation of this act shall be transferred from the Department of Human Services to the Board of Education.

    (Dec. 10, 1987, D.C. Law 7-45, § 2, 34 DCR 6845; July 25, 1990, D.C. Law 8-149, § 2, 37 DCR 3717; Aug. 17, 1991, D.C. Law 9-29, § 2, 38 DCR 4213; Mar. 20, 1998, D.C. Law 12-60, § 401, 44 DCR 7378; Apr. 13, 1999, D.C. Law 12-224, § 2, 46 DCR 483; Apr. 13, 2005, D.C. Law 15-353, § 602, 52 DCR 2331.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 31-2421.

    Effect of Amendments

    D.C. Law 15-353, in subsec. (a), inserted "and public charter" following "public".

    Temporary Amendments of Section

    D.C. Law 12-59 substituted "Director, Department of Health" for "Commissioner of Public Health" in the introductory language of (d) and in (d)(5), (e)(1)(B), (e)(1)(C), and (e)(1)(E).

    Section 2001(b) of D.C. Law 12-59 provided that the act shall expire after 225 days of its having taken effect.

    Section 2 of D.C. Law 12-182 in (e)(1)(A), inserted "varsity," and added "and for non-varsity football, a licensed medical doctor or certified athletic trainer."

    Section 4(b) of D.C. Law 12-182 provided that the act shall expire after 225 days of its having taken effect.

    Section 602 of D.C. Law 14-164, in subsec. (a), inserted "and public charter" following "public".

    Section 1101(b) of D.C. Law 14-164 provides that the act shall expire after 225 days of its having taken effect.

    Section 602 of D.C. Law 15-2 amended subsec. (a) by inserting "and public charter" after "public".

    Section 1101 (b) of D.C. Law 15-2 provides that the act shall expire after 225 days of its having taken effect.

    Section 602 of D.C. Law 15-117, in subsec. (a), inserted "and public charter" after "public".

    Section 1101(b) of D.C. Law 15-117 provides that the act shall expire after 225 days of its having taken effect.

    Section 602 of D.C. Law 15-319, in subsec. (a), substituted "public and public charter" for "public."

    Section 901(b) of D.C. Law 15-319 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary amendment of section, see § 401 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and § 401 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

    For temporary amendment of section, see § 2 of the Public School Nurse Assignment Emergency Amendment Act of 1998 (D.C. Act 12-448, September 18, 1998, 45 DCR 6665), and § 2 of the Public School Nurse Assignment Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-555, December 30, 1998, 45 DCR 570).

    For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

    For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

    For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

    For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15- 279, December 18, 2003, 51 DCR 60).

    For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

    For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

    For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

    Legislative History of Laws

    Law 7-45, "District of Columbia Public School Nurse Assignment Act of 1987," was introduced in Council and assigned Bill No. 7-47, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 14, 1987, and September 29, 1987, respectively. Signed by the Mayor on October 16, 1987, it was assigned Act No. 7-78 and transmitted to both Houses of Congress for its review.

    Law 8-130 was introduced in Council and assigned Bill No. 8-528. The Bill was adopted on first and second readings on February 27, 1990, and March 13, 1990, respectively. Signed by the Mayor on March 27, 1990, it was assigned Act No. 8-182 and transmitted to both Houses of Congress for its review.

    Law 8-149 was introduced in Council and assigned Bill No. 8-511, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on May 1, 1990, and May 15, 1990, respectively. Signed by the Mayor on May 30, 1990, it was assigned Act No. 8-207 and transmitted to both Houses of Congress for its review.

    Law 9-19 was introduced in Council and assigned Bill No. 9-205. The Bill was adopted on first and second readings on May 7, 1991, and June 4, 1991, respectively. Signed by the Mayor on June 21, 1991, it was assigned Act No. 9- 43 and transmitted to both Houses of Congress for its review.

    Law 9-29 was introduced in Council and assigned Bill No. 9-160, which was referred to the Committee on Education and Libraries. The Bill was adopted on first and second readings on June 4, 1991, and June 18, 1991, respectively. Signed by the Mayor on July 2, 1991, it was assigned Act No. 9-56 and transmitted to both Houses of Congress for its review.

    For legislative history of D.C. Law 12-59, see Historical and Statutory Notes following § 38-918.

    For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 38-918.

    Law 12-182, the "Public School Nurse Assignment Temporary Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-739. The Bill was adopted on first and second readings on July 30, 1998, and September 22, 1998, respectively. Signed by the Mayor on October 1, 1998, it was assigned Act No. 12-453 and transmitted to both Houses of Congress for its review. D.C. Law 12- 182 became effective on March 26, 1999.

    Law 12-224, the "Public School Nurse Assignment Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-722, which was referred to the Committee on Education, Libraries, and Recreation. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on December 11, 1998, it was assigned Act No. 12-542 and transmitted to both Houses of Congress for its review. D.C. Law 12-224 became effective on April 13, 1999.

    Law 14-164, the "Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-577, which was retained by Council. The Bill was adopted on first and second readings on March 5, 2002, and April 9, 2002, respectively. Signed by the Mayor on April 24, 2002, it was assigned Act No. 14-332 and transmitted to both Houses of Congress for its review. D.C. Law 14-164 became effective on June 25, 2002.

    Law 15-2, the "Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2003", was introduced in Council and assigned Bill No.  15-28, and was retained by Council.  The Bill was adopted on first and second readings on January 7, 2003, and February 4, 2003, respectively.   Signed by the Mayor on February 24, 2003, it was assigned Act No. 15-20 and transmitted to both Houses of Congress for its review.  D.C. Law 15-2 became effective on May 3, 2003.

    Law 15-117, the "Child and Youth, Safety and Health Omnibus Temporary Amendment Act of 2004", was introduced in Council and assigned Bill No.  15-589, and was retained by Council.  The Bill was adopted on first and second readings on December 2, 2003, and January 6, 2004, respectively.   Signed by the Mayor on January 27, 2004, it was assigned Act No. 15-304 and transmitted to both Houses of Congress for its review.  D.C. Law 15-117 became effective on March 30, 2004.

    Law 15-319, the "Child and Youth, Safety and Health Omnibus Second Temporary Amendment Act of 2004", was introduced in Council and assigned Bill No. 15- 1117, and was retained by Council.  The Bill was adopted on first and second readings on November 9, 2004, and December 7, 2004, respectively.  Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-716 and transmitted to both Houses of Congress for its review.   D.C. Law 15-319 became effective on April 8, 2005.

    Law 15-353, the "Child and Youth, Safety and Health Omnibus Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-607 which was referred to the Committees on Human Services, Finance and Revenue, and Education, Libraries and Recreation.  The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively.   Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-759 and transmitted to both Houses of Congress for its review.  D.C. Law 15-353 became effective on April 13, 2005.

    References in Text

    "This act" referred to in (g) is D.C. Law 8-149.