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Notice of Provisions

Legal References Governing the Administration of Medication in Schools


California Education Code, Section 49423 Administration of prescribed medication for pupil

Notwithstanding the provisions of Section 49422, any pupil who is required to take, during the regular school day, medication prescribed for him by a physician, may be assisted by the school nurse or other designated personnel if the school district receives

  1. a written statement from such physician detailing the method, amount, and time schedules by which such medication is to be taken and
  2. a written statement from the parent or guardian of the pupil indicating the desire that the school district assist the pupil in matters set forth in the physician's statement.

California Education Code, Section 49423.5 - Specialized physical health care services

(a) Notwithstanding the provisions of Section 49422, any individual with exceptional needs who requires specialized physical health services, during the regular school day, may be assisted by the following individuals:

    1. Qualified persons who posses an appropriate credential issued pursuant to Section 44267, or hold a valid certificate of publichealth nursing issued by the State Department of Health Services, or
    2. Qualified designated school personnel trained in the administration of specialized physical health care provided they perform such services under the supervision of a school nurse, public health nurse, or licensed physician and surgeon.

(b) Specialized health care or other services that require medically related training shall be provided pursuant to the procedures prescribed by Section 49423.

(c) Persons providing specialized physical health care services shall also demonstrate competence in basic cardiopulmonary resuscitation and shall be knowledgeable of the emergency medical resources available in the community in which the services are performed,

(d) "Specialized physical health care services" as used in this section include catheterization, gavage feeding, suctioning, or other services that require medically related training.

(e) Regulations necessary to implement the provisions of this section shall be developed jointly by the State Department of Health Services, and adopted by the State Board of Education.

California Education Code, Section 49480 - Continuing medication regimen for nonepisodic condition; required notice to school employees

The parent or legal guardian of any public school pupil on a continuing medication regimen for a nonepisodic condition, shall inform the school nurse or other designated certificated school employee of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian of the pupil, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the drug on the child's physical, intellectual, and social behavior, as well as possible behavioral signs and symptoms of adverse side effects, omission, or overdose. The superintendent of each school district shall be responsible for informing parents of all pupils of the requirements of this section.

California Administrative Code Title 5,18170 - The agency shall follow these provisions pertaining to medication

  1. An assigned staff member shall administer medications prescribed by a physician for a child provided written parental consent has been given.
  2. Record of medication dosages to the child and date and time medication is administered shall be maintained by the facility.
  3. Centrally stored medicines shall be kept in a safe and locked place that is not accessible to persons other than employees responsible for health supervision. Each container shall carry the name of the medication, the name of the person for whom prescribed, the name of the prescribing physician and the physician's instructions. All centrally stored medications shall be labeled and maintained in compliance with State and Federal laws. Each person's medication shall be stored in its originally received container. No medications shall be transferred between containers. The agency shall be responsible for assuring that a record of centrally stored prescription medications for each person in care includes: the name of the person for whom prescribed, the drug name, strength and quantity, the date filled, the prescription number and name of issuing pharmacy.
  4. All medications shall be centrally stored in an area which is totally inaccessible to children.