Policy JHCD ADMINISTRATION OF MEDICATIONS TO STUDENTS 5.7.25
Policy JHCD: ADMINISTRATION OF MEDICATIONS TO STUDENTS Status: DRAFT Original Adopted Date: 06/10/2015 | Last Revised Date: 04/29/2020 23D UPDATE EXPLANATION MSBA has included a more definitive statement prohibiting medical marijuana on school grounds even if a student has a valid, Missouri-issued medical marijuana card. If a parent/guardian requests that their child use or be administered medical marijuana as an accommodation for a disability, the district should go through the process of determining whether the student has a disability. If so, the district should use the Section 504 process to determine what a reasonable accommodation would be. However, to the best of MSBA's knowledge, courts have not considered possession or being administered an illegal drug a reasonable accommodation so far. MSBA has moved language about cannabidiol (CBD) products from its former subsection with marijuana to the definition of "medications" because the Department of Health and Senior Services is no longer issuing hemp extract registration cards. CBD is now considered legal at both the state and federal levels. This does not mean the district must administer CBD or any other over-the-counter product. This policy states that the district will not administer medication that is not approved by the U.S. Food and Drug Administration (FDA), and most CBD products (and herbal substances and essential oils also referenced in the "medications" definition) do not have FDA approval. MSBA has also revised this policy to make it clearer and easier to use in part by moving the complicated legal details of student self-administration of medication to an administrative procedure. Editor's Note: Some changes are customization requests for the district. Board Policy Manual Clayton
Definitions Authorized Prescriber – Includes a healthcare provider licensed or otherwise authorized by state law to prescribe medication. Diabetes Medical Management Plan – A document developed by the student's personal healthcare team that sets out the health services needed by the student at school and that is signed by the student's personal healthcare team and parent/guardian. Medications – For the purposes of this policy, medications include prescription drugs and over-the-counter drugs, including herbal preparations and vitamins. Medications also include substances that claim or purport to be medicinal or performance enhancing, including essential oils, cannabidiol (CBD) products, and CBD derivatives. General The School District of Clayton prohibits students from possessing or self-administering medications while on district grounds, on district transportation, or during district activities unless explicitly authorized in accordance with this policy. However, the board recognizes that some students may require medication for chronic or short-term illnesses to enable them to remain in school and participate in the district's education services. The board directs the superintendent or designee to employ, contract with, and train the necessary personnel to administer medications to students. Medications will be administered at school only when it is not possible or effective for the student to receive the medication at home. Parents/Guardians are encouraged to submit any relevant information regarding the medications their student needs, including a diabetes medical management plan orand other information the district may use to develop an individualized education program (IEP), Section 504 Plan, or individualized health plan (IHP). The district will review all information submitted by the parents/guardians submit and work with them to create a plan to meet their student's medical needs while at school or school activities. The superintendent or designee, in collaboration with the district nursing staff, will establish administrative procedures for storing and administering medications in compliance with this policy and pursuant to state and federal lawimplementing this policy. Nurses and Other Personnel The administration of medications is a nursing activity that must be performed by or under the supervision of a registered professional nurse (RN). Other district personnel may be permitted to administer medications to a student as long as they have been appropriately trained and are supervised by an RN. An appropriately licensed member of the nursing staff will be responsible for: 1. Developing procedures for the training of unlicensed personnel in the administration of medications;
2. Devising protocols for the administration of medications by unlicensed personnel; and
3. Training unlicensed personnel in the administration of medications. District employees who administer medications must maintain documentation of all medications provided to students and stored on district property. Nurses and other staff administering medications will take precautions when administering medications and, when necessary, will clarify authorized prescriber orders prior to administering medications. In accordance with law, any trained or qualified employee will be held harmless and immune from civil liability for administering medication in good faith and according to standard medical practices. A qualified employee is one who has been trained to administer medication according to standard medical practices, and may include, but is not limited to, an administrator, teacher, coach, paraprofessional, office staff member, or nurse designee. Over-the-Counter Medications The district may administer over-the-counter medication to a student if the district has received permission to do so from the parent/guardian. Over-the-counter medications must be delivered to the school principal or designee in the manufacturer's original packaging and will only be administered only in accordance with the manufacturer's label.
Prescription Medications The district may administer prescription medication to a student if the district has received permission to do so from the parent/guardian and appropriate direction on how the medication is to be administered. The prescription label will be considered the equivalent of a prescriber's written direction, and a separate document is not needed. Medications District Personnel Will Not Administer Unless required by law to administer a medication to accommodate a disability, nurses who question the necessity of administering a particular medication during the school day may, after consultation with the superintendent or designee, require a written directive by the student's healthcare provider that states why the medication must be administered at school. The district may also refuse to administer any medication for other reasons listed in this policy. The district will not administer any medication that is not regulated by the U.S. Food and Drug Administration. The district may refuse to administer medications in an amount exceeding the recommended daily dosage listed in the Physician's Desk Reference (PDR) or other recognized medical or pharmaceutical text. Except for the medications that are used only in an emergency situation, the district will not knowingly administer the first dose of any medication. The district expects parents/guardians to administer first doses of medications at home or by coming to the school to administer the medications themselves when possible. The principal or designee may arrange for the parent/guardian to administer medications to their child at school. Staff, students and all other individuals are prohibited from possessing or administering any medication that is illegal pursuant to state or federal law on district grounds, on district transportation, or during district activities. The superintendent or designee is authorized to obtain a legal opinion from the district's attorney when there is a question regarding the legality of administering any medication. Medical Marijuana and Cannabidiol (CBD) Oil The district does not permit the possession, use, or administration of cannabis (marijuana) or cannabis-infused (marijuana-infused) products or CBD-infused products for medicinal or other purposes on district property or at district events. This prohibition applies even if the student has a valid, Missouri-issued, medical marijuana card. Student Possession and Self-Administration of Medications The district prohibits students from possessing or self-administering medications unless the student is allowed by law to do so and has been given permission in accordance with this sectiondistrict procedures. Students with an IEP or Section 504 plan may possess and self-administer medications in accordance with their plan. A student with an IEP or Section 504 plan may possess and self-administer medications in accordance with the IEP or Section 504 plan. Students who do not have an IEP or Section 504 plan may possess and self-administer medications in accordance with 1) or 2) below: 1. Students with Diabetes: Upon written request of the parent/guardian and upon authorization by a student's diabetes medical management plan, the district will permit a student with diabetes to perform blood glucose checks, administer insulin through the student's insulin delivery systems, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of the student's diabetes. The district will permit the student to possess on his or her person at all times all necessary supplies and equipment to perform these monitoring and treatment functions. The student shall have access to a private area for performing diabetes care tasks should the parent/guardian or student request such access. Students with diabetes who wish to possess and self-administer medications are subject to the same requirements (below) as students with other health conditions.
2. Students with Other Chronic Health Conditions: Students may possess and self-administer medications for the treatment of asthma, anaphylaxis and other chronic health conditions in accordance with this policy and law. The district will not permit students to possess and self-administer medications unless all of the following requirements are met: The medication was prescribed or ordered by the student's physician.
The physician has provided a written treatment plan for the condition for which the medication was prescribed or authorized that includes a certification that the student is capable of and has been instructed in the correct and responsible use of the medication and has demonstrated to the physician or
the physician's designee the skill level necessary to use the medication.
The student has demonstrated proper self-administration technique to the school nurse.
The student's parent/guardian has signed a statement authorizing self-administration and acknowledging that the district and its employees or agents will incur no liability as a result of any injury arising from the self-administration of such medication unless such injury is a result of negligence on the part of the district or its employees or agents. Permission to possess and self-administer medications may be revisited if there is evidence that thea student is not handling or administering the medication appropriately or that the student's actions may be harming their ownthe student's health or the health and safety of others. Emergency Medications All student-occupied buildings in this district are equipped with prefilled epinephrine auto syringes, asthma-related rescue medications, and naloxone. The school nurse or another employee trained and supervised by the school nurse may administer these medications when they believe, based on training, that a student is having a serious or life- threatening reaction or episode. A prescription or written permission from a parent/guardian is not necessary to administer these medications in an emergency situation. Epinephrine, naloxone, and asthma-related rescue medications will be administered only in accordance with written protocols provided by an authorized prescriber. Naloxone (brand name Narcan) will be administered by nurses and other trained employees to students suspected of having an opioid-related drug overdose. The board will purchase an adequate supply of prefilled epinephrine auto syringes, asthma-related rescue medications, and naloxone based on the recommendation of the school nurse, who will be responsible for maintaining adequate supplies based on previous use levels and replacing expired syringes and medications. The school principal or designee will maintain a list of students who cannot, according to their parents/guardians, receive epinephrine, naloxone, or asthma-related rescue medications. A current copy of the list will be kept with the medications at all times. Consequences Students who possess or consume medications in violation of this policy while on district grounds, on district transportation, or during a district activity may be disciplined up to and including suspension or expulsion. Employees who violate this policy may be disciplined up to and including termination. District administrators will notify law enforcement when they believe a crime has occurred. Portions © 2023, Missouri School Boards' Association Version JHCD-C.1N.CLT (11/23)