§ 17:436.1 — Administration of medication; definition; conditions; restrictions; exceptions

Louisiana § 17:436.1

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§436.1. Administration of medication; definition; conditions; restrictions; exceptions
A. As used in this Section, the term "medication" shall include all prescription and
nonprescription drugs.
B. No city or parish school board shall require any employee other than a registered
nurse or licensed medical physician to administer medication until all the following
conditions have been met:
(1) The city or parish school board has promulgated guidelines based upon a policy
set by the State Board of Elementary and Secondary Education and the Louisiana State Board
of Nursing which specifically establishes the procedure to be followed for the administration
of medication at each school and which at a minimum provides that:
(a) No medication shall be administered to any student without an order from a
licensed physician or dentist who is licensed to practice medicine or dentistry in the state of
Louisiana or any other state of the United States or any other authorized prescriber
authorized in the state of Louisiana or any other state of the United States to prescribe
medications or devices and a letter of request and authorization from the student's parent or
guardian.
(b) No medication shall be administered to any student unless it is provided to the
school in a container that meets acceptable pharmaceutical standards.
(c) Both the letter from the parent or guardian and the medication container shall
contain clear instructions identifying the student's name, RX number if any, date, frequency,
name of the medication, dosage, route, and physician's, dentist's, or other authorized
prescriber's name.
(2) At least two employees at each school have received not less than six hours of
training in the administration of medication, including general and child specific training,
from a registered nurse, a licensed medical physician, or both.
(3) A registered nurse and/or licensed medical physician employed by a city or parish
school board has assessed the health status of the specific child in his specific educational
setting and has determined that, according to the legal standards of the respective licensed
health professional when performing such procedure, the administration of medication can
be safely performed by and delegated to someone who has received documented training
with documented competence other than a licensed health professional.
(4) A registered nurse and/or a licensed medical physician employed by a city or
parish school board has reviewed the physician's, dentist's, or other authorized prescriber's
order and the parent or guardian's request that the medication be administered and has
determined that the administration of medication can be safely performed by and delegated
to someone who has received documented training with documented competence other than
a licensed health professional.
C. Individuals who are required to administer medication and have been trained
according to the provisions of this Section may not decline to perform such service at the
time indicated except as exempted for reasons as noted in writing by the licensed medical
physician or the registered nurse. The reasons for such exemptions shall be documented and
certified by the licensed medical physician or the registered nurse within seventy-two hours
of the request for the exemption.
D. Any employee shall have the right to request that another school board employee
be present while he is administering the medication to a student to serve as a witness. After
making such a request the employee shall not be required to administer the medicine without
such a witness.
E. In the absence of the training program as provided in this Section, no city or
parish school board shall require any employee other than a registered nurse and/or licensed
medical physician to administer medication.
F. Nothing contained in this Section shall be interpreted in such a manner as to
relieve a city or parish school board of its duty and obligation to staff all schools with
certified nurses.
G. For the purposes of this Section, the terms city or parish school board shall
include all governing authorities of public elementary and secondary schools.
H. For the purposes of this Section, the term "authorized prescriber" means a person
licensed, registered, or otherwise authorized by the appropriate licensing board to prescribe
drugs in the course of professional practice.
I. Notwithstanding any other provisions of this Section, in a school system which is
unable after a diligent attempt to employ a full-time registered nurse, a registered nurse shall
be employed part time as necessary to provide the services required by this Section. In such
a case, the nurse shall be compensated on an hourly basis in an amount which is equal to the
average amount paid hourly for a nurse with similar experience in hospitals located within
the region of the school district.
J.(1) Notwithstanding any provision of law or any rule, regulation, or policy to the
contrary, the governing authority of each public elementary and secondary school shall
permit the self-administration of medications by a student with asthma or the use of auto-injectable epinephrine by a student at risk of anaphylaxis, provided that the student's parent
or other legal guardian provides the school in which the student is enrolled with the
following documentation:
(a) Written authorization for the student to carry and self-administer such prescribed
medications.
(b) Written certification from a licensed medical physician or other authorized
prescriber that the student:
(i) Has asthma or is at risk of having anaphylaxis.
(ii) Has received instruction in the proper method of self-administration of the
student's prescribed medications to treat asthma or anaphylaxis.
(c) A written treatment plan from the student's licensed medical physician or other
authorized prescriber for managing asthma or anaphylactic episodes. The treatment plan
must be signed by the student, the student's parent or other legal guardian, and the student's
licensed medical physician or other authorized prescriber and shall also contain the following
information:
(i) The name, purpose, and prescribed dosage of the medications to be self-administered.
(ii) The time or times the medications are to be regularly administered and under
what additional special circumstances the medications are to be administered.
(iii) The length of time for which the medications are prescribed.
(d) Any other documentation required by the governing authority of the public
elementary or secondary school.
(2) The documentation required by Paragraph (1) of this Subsection shall be kept on
file in the office of the school nurse or other designated school official.
(3) The governing authority of the public elementary and secondary school shall
inform the parent or other legal guardian of the student in writing that the school and its
employees shall incur no liability as a result of any injury sustained by the student from the
self-administration of medications used to treat asthma or anaphylaxis. The parent or other
legal guardian of the student shall sign a statement acknowledging that the school shall incur
no liability and that the parent or other legal guardian shall indemnify and hold harmless the
school and its employees against any claims that may arise relating to the self-administration
of medications used to treat asthma or anaphylaxis.
(4) For the purposes of this Subsection:
(a) "Auto-injectable epinephrine" means a medical device for the immediate self-administration of epinephrine by a person at risk for anaphylaxis.
(b) "Inhaler" means a medical device that delivers a metered dose of medication to
alleviate the symptoms of asthma.
(5) A student who has been granted permission to self-administer medication
pursuant to this Subsection shall be allowed to carry and store with the school nurse or other
designated school official an inhaler or auto-injectable epinephrine, or both, at all times.
(6) Permission for the self-administration of asthma medications or use of auto-injectable epinephrine by a student shall be effective only for the school year in which
permission is granted. Permission for self-administration of asthma medications or the use
of auto-injectable epinephrine by a student shall be granted each subsequent school year,
provided all of the requirements of this Subsection are fulfilled.
(7) Upon obtaining permission to self-administer asthma medication or to use auto-injectable epinephrine pursuant to this Subsection, a student shall be permitted to possess and
self-administer such prescribed medication at any time while on school property or while
attending a school sponsored activity.
(8) A student who uses any medication permitted pursuant to this Subsection in a
manner other than as prescribed shall be subject to disciplinary action; however, such
disciplinary action shall not limit or restrict such student's immediate access to such
prescribed medication.
K.(1) Notwithstanding any provision of law or any rule, regulation, or policy to the
contrary, the governing authority of each public elementary and secondary school shall adopt
a policy authorizing a school nurse or trained school employee to administer auto-injectable
epinephrine, as defined in Subparagraph (J)(4)(a) of this Section, to a student who the school
nurse or trained school employee, in good faith, professionally believes is having an
anaphylactic reaction, whether or not such student has a prescription for epinephrine. At
least one employee at each school shall receive training from an anaphylaxis training
organization, a registered nurse, or a licensed medical physician in the administration of
auto-injectable epinephrine. The school nurse or trained employee may administer the auto-injectable epinephrine to respond to a student's anaphylactic reaction, under a standing
protocol from a physician licensed to practice medicine in the state. For the purposes of this
Paragraph, an anaphylaxis training organization means a nationally recognized organization
that provides anaphylaxis education or a training program whose leadership includes a
physician authorized to practice medicine and surgery or osteopathic medicine and surgery
and who is board-certified in allergy and immunology as that designation is issued by a
medical specialty certifying board recognized by the American Board of Medical Specialties
or American Osteopathic Association.
(2) Each public elementary and secondary school may maintain a supply of auto-injectable epinephrine at the school in a locked, secure, and easily accessible location. A
licensed physician may prescribe epinephrine auto-injectors in the name of the school system
or the individual school to be maintained for use when deemed necessary pursuant to the
provisions of this Subsection.
(3) Each school shall include the policy required by this Subsection in its student
handbook and post such policy on the school's website, if it has one. Such policy shall also
be disclosed to any parent or other legal guardian who notifies the school in which the
student is enrolled, in writing, that the student has an allergy or other condition which puts
him at risk of anaphylaxis.
L.(1) Notwithstanding Subsection A of this Section, the definition of "medication"
shall not include sunscreen.
(2) For purposes of this Subsection, "sunscreen" means a compound topically applied
to prevent sunburn.
(3) A student may possess and self-apply sunscreen at school, on a school bus, or at
a school-sponsored function or activity without parental consent or the authorization of a
physician.
(4) If a student is unable to self-apply sunscreen, a school employee may volunteer
to apply the sunscreen to the student. A school employee may apply sunscreen to a student
only if his parent or legal guardian has provided written consent for this application, and
neither a school employee nor his employer shall be held liable for any adverse reaction
relating to the employee's application of the sunscreen or his cessation of such application.
M.(1) The governing authority of each public and nonpublic elementary and
secondary school shall adopt a policy that authorizes a school to maintain a supply of
naloxone or other opioid antagonists and authorizes a school nurse or other school employee
to administer naloxone or another opioid antagonist to any student or other person on school
grounds in the event of an actual or perceived opioid emergency. Such a policy shall require
that school employees other than school nurses receive training that addresses techniques on
how to recognize signs of opioid-related overdose, standards and procedures for the storage
and administration of naloxone or another opioid antagonist, and emergency follow-up
procedures, including the requirement to summon emergency services either immediately
before or immediately after administering the naloxone or other opioid antagonist.
(2) The following are not liable for damages in a civil action for injury, death, or loss
to person or property that allegedly arises from an act or omission associated with the
administration of naloxone or another opioid antagonist, unless the act or omission
constitutes willful or wanton misconduct:
(a) A public or nonpublic school.
(b) A public or nonpublic school employee or volunteer.
(c) A licensed health professional authorized to prescribe medication who personally
furnishes or prescribes naloxone or another opioid antagonist.
(d) A training organization and its personnel.
N.(1) Notwithstanding any provision of law or any rule, regulation, or policy to the
contrary, the governing authority of each public elementary and secondary school shall adopt
a policy to maintain a supply of auto-injectable epinephrine, as defined in Subparagraph
(J)(4)(a) of this Section, in a secure location in each classroom assigned to a student who is
deemed by his physician to be at high risk for anaphylactic reaction and incapable of self-administration of auto-injectable epinephrine.
(2) The policy shall require the student's parent or other legal guardian to annually
provide the school in which the student is enrolled with all of the following:
(a) The supply of auto-injectable epinephrine to be kept in each classroom.
(b) Written authorization for the student to be administered the medication.
(c) Written certification from the student's licensed medical physician or other
authorized prescriber that the student is at high risk of having anaphylaxis and is not capable
of self-administration of auto-injectable epinephrine.
(d) A written treatment plan, as defined in Subparagraph (J)(1)(c) of this Section,
from the student's licensed medical physician or other authorized prescriber for managing
anaphylactic episodes.
(3) The documentation required by this Subsection shall be kept on file in the office
of the school nurse or other designated school official.
(4) The teacher in each classroom where auto-injectable epinephrine is stored shall
be provided information regarding accessing and administering auto-injectable epinephrine,
the signs and symptoms of anaphylactic reactions, and specific information regarding
condition, care, and treatment of the student assigned to the classroom who is at high risk of
anaphylactic reaction.
(5) The governing authority of the public elementary and secondary school shall
inform the parent or other legal guardian of the student in writing that the school and its
employees shall incur no liability as a result of any injury sustained by the student from the
good faith administration of auto-injectable epinephrine. The parent or other legal guardian
of the student shall sign a statement acknowledging that the school shall incur no liability and
that the parent or other legal guardian shall indemnify and hold harmless the school and its
employees against any claims that may arise relating to the good faith administration of auto-injectable epinephrine.
(6) Each school shall include the policy required by this Subsection in its student
handbook and post such policy on the school's website, if it has one. Such policy shall also
be disclosed to any parent or other legal guardian who notifies the school in which the
student is enrolled, in writing, that the student has a condition which puts him at risk of
anaphylaxis.
(7) The provisions of this Subsection shall be known and may be cited as the "Louis
Williams Junior Act".
O.(1) Notwithstanding any other provision of law to the contrary, licensed health
professionals authorized to prescribe medication may prescribe lifesaving medications that
are maintained in the name of a school for use in accordance with Paragraph (3) of this
Subsection, licensed pharmacists and physicians may dispense such medications, and a
school may maintain a stock supply of such medications in accordance with a prescription
issued pursuant to this Paragraph. The state Department of Education shall develop and
distribute a list of such medications.
(2) As used in this Subsection:
(a) "Lifesaving medication" means any medication that can be administered to treat
any life-threatening condition.
(b) "Trained school personnel" means a school employee or volunteer who has
received the training on lifesaving medication that addresses techniques on how to recognize
signs of a life-threatening emergency, standards and procedures for the storage and
administration of the medication, and emergency follow-up procedures, including the
requirement to summon emergency services either immediately before or immediately after
administering the medication.
(3) The governing authority of a public or nonpublic school may authorize school
nurses and other trained school personnel to administer lifesaving medication to a student
or other person on a school premises or during a school-affiliated activity whom they believe
in good faith to be experiencing a medical emergency in accordance with a standing protocol
of licensed health professionals authorized to prescribe medication, regardless of whether the
student or other person has a prescription for the medication. Training for the administration
of such medication may be provided by a medical emergency training organization, a
registered nurse, or a licensed physician.
(4) The governing authority may enter into arrangements with manufacturers or
suppliers of such medications to obtain them at fair-market, free, or reduced prices.
(5) The following are not liable for damages in a civil action for injury, death, or loss
to person or property that allegedly arises from an act or omission associated with
administration or self-administration of a lifesaving medication, unless the act or omission
constitutes willful or wanton misconduct:
(a) A public or nonpublic school.
(b) A public or nonpublic school employee or volunteer.
(c) A licensed health professional authorized to prescribe medication who personally
furnishes or prescribes a lifesaving medication.
(d) A training organization and its personnel.
(6) The administration of lifesaving medication as provided in this Section does not
constitute the practice of medicine or nursing.

Legislative History

Acts 1993, No. 87, §1; Acts 1995, No. 752, §1; Acts 2001, No. 636, §1; Acts 2009, No. 145, §1, eff. June 25, 2009; Acts 2012, No. 624, §1, eff. June 7, 2012; Acts 2017, No. 341, §1; Acts 2018, No. 694, §2; Acts 2022, No. 315, §1, eff. June 10, 2022; Acts 2022, No. 335, §1; Acts 2024, No. 161, §1, eff. May 23, 2024; Acts 2024, No. 378, §1.