{"id":354949,"date":"2016-04-04T11:01:45","date_gmt":"2016-04-04T16:01:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/education\/school-safety\/schools-authority-on-dispensing-medication.html"},"modified":"2024-01-24T21:37:58","modified_gmt":"2024-01-25T02:37:58","slug":"schools-authority-on-dispensing-medication","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/education\/school-safety\/schools-authority-on-dispensing-medication.html","title":{"rendered":"Schools’ Authority on Dispensing Medication"},"content":{"rendered":"\n
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Schools' Authority on Dispensing Medication<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Schools are not just places of learning. They’re also environments where the health and well-being of every student are paramount. Students have a wide range of medical needs. This can range from taking prescribed medication<\/a> and counter medication to dietary supplements. Schools must prepare to address the unique care needs of students.<\/p>\n

Staff members often receive training to ensure competency in this area. They must understand medication orders and interventions. They also understand the self-administration of medication<\/a>. Staff members are also aware of which students are allowed to carry medications. Alongside routine measures like immunization<\/a>, schools offer medical services. They help ensure that students receive comprehensive care. This helps meet students’ medication needs during school days.<\/p>\n

The following information will highlight key factors surrounding schools’ authority on medication.<\/p>\n

Understanding Prescription and Nonprescription Medications<\/h2>\n

Every school year, many students need to take medications during school hours. A health care provider, like a physician assistant or doctor, gives prescription medication. Over-the-counter (OTC) medication is also called nonprescription medication. This is medication you can buy without a prescription. Regardless of the type of medication, schools have guidelines. These guidelines outline how schools handle medicines.<\/p>\n

The Role of the School Nurse and Other School Personnel<\/h2>\n

The school nurse is often a registered nurse or licensed practical nurse. These nurses are in charge of giving students their medication. Other school personnel might help if the school nurse is not available. School employees are trained to know the administration process. They also should know the possible effects and any emergency care that might be needed. The health office is where students typically go to get their medication. Sometimes, students can self-administer medication with the right permission.<\/p>\n

Emergency Medication and Safety Measures<\/h2>\n

In some cases, students might have a medical condition that needs quick action. There may be life-threatening situations that need immediate action. For example, someone might have a severe allergic reaction<\/a> called anaphylaxis. In these cases, students may need epinephrine auto-injectors or inhalers. Some students may also need glucagon for certain health conditions. School staff must know how to use these in a medical emergency to keep students safe.<\/p>\n

School Activities and Medication Needs<\/h2>\n

Field trips and after-school activities are part of the education program. But what happens with a student’s medication needs during these times? School district policies ensure students can take their medication even during school-sponsored activities. They will create a care plan for the student. The school might ask the student’s parents to join the trip. Or, a designee (like a school administrator) who knows about the student’s health might go.<\/p>\n

Keeping Track of Medication Information<\/h2>\n

Schools need to keep health information for every student. The health record will include things like the student’s name and the medication they take. It will also include the time of administration and any side effects.<\/p>\n

All medication needs to be in its original packaging. This is true whether a prescribed, controlled substance or OTC. All medication should come in its original, labeled container. Preserving the original container reduces any confusion or fraud. A written order from the health care professional who’s prescribing is also needed. This helps avoid medication errors.<\/p>\n

What happens at the end of the school year? What happens to the student’s medication left on-site when the school year wraps up? Parents or guardians are often asked to take it back. If they don’t, the school might dispose of such medication safely. They will follow guidelines from organizations like the Food and Drug Administration<\/a> (FDA).<\/p>\n

Rights, Rules, and Regulations<\/h2>\n

Public schools work with the state Board of Education. They also work with the Department of Education and the Department of Health. They work with these organizations to prepare medication policies. These rules follow the Individuals with Disabilities Education Act<\/a> (IDEA). They also follow public health guidelines. They help ensure all students are safe and healthy. This includes students in special education or with an IEP<\/a> (Individualized Education Program). Other schools, organizations, laws, and regulations might refer to these students using the outdated term \u201cspecial needs.\u201d But, the preferred terminology is education services for students with disabilities.<\/p>\n

Federal law mandates that children with health needs receive school health services. But, it does not specifically address the dispensing of medication. Administering medicine entails physically providing it to the ultimate user, the patient.<\/p>\n

The following federal laws and regulations do not expressly address the administration of medication in schools. Still, they impact the administration of medication within schools. They deal mostly with controlled substances. They include:<\/p>\n