§ 34-30-14-2 — Administering medication to pupils; immunity

If compliance with sections 3 and 4 of this
chapter has occurred, a school administrator, teacher, or other school
employee designated by the school administrator, after consultation
with the school nurse, who in good faith administers to a pupil:
(1) a nonprescription medication in compliance with the written
permission of the pupil's parent or guardian, except in the case of
a life threatening emergency;
(2) a legend drug (as defined in IC 16-18-2-199) or injectable
insulin in compliance with the:
(A) written order of a practitioner; and
(B) written permission of the pupil's parent or guardian, except
in the case of a life threatening emergency;
(3) a glucose test in compliance with the written order of a
practitioner;
(4) health care services, basic life support, or other services that
require the administrator, teacher, or employee to place the
administrator's, teacher's, or employee's hands on the pupil for
therapeutic or sanitary purposes; or
(5) any combination of subdivisions (1) through (4);
is not personally liable for civil damages for any act that is incident to
or within the scope of the duties of the employee as a result of the
administration except for an act or omission amounting to gross
negligence or willful and wanton misconduct.
[Pre-1998 Recodification Citation:
34-4-16.5-3.5(c).]

Legislative History

As added by P.L.1-1998, SEC.26. Amended by P.L.166-2007, SEC.5; P.L.133-2020, SEC.11.