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SB 14 - Children, Teachers Right to Safe School Health Act - enact

Thomas, Nadine (10th)

Status Summary	SC:	Ed	HC:		FR:	01/14/98	LA:	02/22/98	S - Read 3rd Time (Sub)

First Reader Summary

A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Children and Teachers Right to Safe School Health Act"; to provide that a local board of education or a governing board of a nonpublic school may permit an employee or a person under contract to the board to assist students in self-administration of medications.

Code Sections - 20-2-774

SB 14                                             LC 27 0830S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Part 3 of Article 16 of Chapter 2 of Title 20 of 
  1- 2  the Official Code of Georgia Annotated, relating to the 
  1- 3  health of elementary and secondary students, so as to enact 
  1- 4  the "Georgia Children and Teachers Right to Safe School 
  1- 5  Health Act"; to provide that a local board of education or a 
  1- 6  governing board of a nonpublic school may permit an employee 
  1- 7  or a person under contract to the board to assist students 
  1- 8  in self-administration of medications; to provide 
  1- 9  guidelines; to provide for an annual report on school health 
  1-10  to be submitted by the departments of education and human 
  1-11  resources to the Governor and the General Assembly; to 
  1-12  provide for licensed health care providers to be employed by 
  1-13  local school systems; to provide for related matters; to 
  1-14  repeal conflicting laws; and for other purposes. 
 
  1-15       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-16                           SECTION 1. 
 
  1-17  This Act shall be known and may be cited as the "Georgia 
  1-18  Children and Teachers Right to Safe School Health Act." 
 
  1-19                           SECTION 2. 
 
  1-20  Part 3 of Article 16 of Chapter 2 of Title 20 of the 
  1-21  Official Code of Georgia Annotated, relating to the health 
  1-22  of elementary and secondary students, is amended by adding 
  1-23  at the end thereof a new Code Section 20-2-774 to read as 
  1-24  follows: 
 
  1-25    "20-2-774. 
 
  1-26    (a) Notwithstanding the provisions of any law, policy, or 
  1-27    guideline to the contrary, a local board of education or a 
  1-28    governing board for a nonpublic school may permit an 
  1-29    employee or a person under contract to the board to assist 
  1-30    students in self-administration of medications under the 
  1-31    following conditions: 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      (1) The student must be competent to self-administer 
  2- 2      nonprescription or prescription medication with 
  2- 3      assistance; 
 
  2- 4      (2) The student's condition for which the medication is 
  2- 5      authorized or prescribed must be stable; 
 
  2- 6      (3) The self-administration of the medication must be 
  2- 7      properly documented; 
 
  2- 8      (4) Guidelines not inconsistent with this Code section 
  2- 9      for the assistance in self-administration of 
  2-10      nonprescription or prescription medications by personnel 
  2-11      in the school setting developed by the departments of 
  2-12      health and education must be followed; 
 
  2-13      (5) For school personnel to assist with 
  2-14      self-administration of medications, the student's parent 
  2-15      or guardian must give specific permission in writing for 
  2-16      the specific administration or procedures.  Such written 
  2-17      permission shall be kept in the student's school 
  2-18      records; and 
 
  2-19      (6) Assistance with self-administration shall primarily 
  2-20      include storage and timely distribution of medication. 
 
  2-21    (b) Health care procedures including administration of 
  2-22    medications to students other than self-administration 
  2-23    during the school day or at related events shall be 
  2-24    performed by appropriately licensed health care 
  2-25    professionals in accordance with the applicable guidelines 
  2-26    of their respective regulatory boards and in conformity 
  2-27    with policies and rules of local boards of education or 
  2-28    governing boards of nonpublic schools.  The student's 
  2-29    parent or guardian must give permission in writing for 
  2-30    appropriately licensed health care professionals to 
  2-31    perform health care procedures and administer medications. 
  2-32    Such written permission shall be kept in the student's 
  2-33    school records. 
 
  2-34    (c) Any person assisting in self-administration of 
  2-35    medication or performing health care procedures including 
  2-36    administration of medications under this Code section and 
  2-37    any local board of education or governing board for a 
  2-38    nonpublic school authorizing the same shall not be liable 
  2-39    in any court of law for injury resulting from reasonable 
  2-40    and prudent assistance in the self-administration of such 
  2-41    medication or reasonable performance of health care 
  2-42    procedures including administration of medications if such 
 
 
 
                                 -2- 
 
 
 
  3- 1    assistance is performed pursuant to the policies and 
  3- 2    guidelines developed by the Department of Human Resources 
  3- 3    and the Department of Education and approved by applicable 
  3- 4    regulatory and governing boards or agencies. 
 
  3- 5    (d) The Department of Education and the Department of 
  3- 6    Human Resources shall jointly compile an annual report of 
  3- 7    self-administered medications and health care procedures 
  3- 8    including administration of medications as provided for in 
  3- 9    this Code section to students served in all public and 
  3-10    nonpublic accredited schools in this state.  This report 
  3-11    shall be provided to the Governor and the General Assembly 
  3-12    by October 31 of each year. 
 
  3-13    (e) By July 1, 2000, each local school system shall employ 
  3-14    at least one licensed health care provider, and beginning 
  3-15    July 1, 2001, and annually thereafter up to and including 
  3-16    July 1, 2005, as funding is appropriated for such specific 
  3-17    purpose during such period, the number of licensed health 
  3-18    care providers employed by each local school system shall 
  3-19    be increased to at least one licensed health care provider 
  3-20    for every 2,000 students enrolled in such school system." 
 
  3-21                           SECTION 3. 
 
  3-22  All laws and parts of laws in conflict with this Act are 
  3-23  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-