2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT
§ 3001E Definitions.

As used in this chapter:

(1) "Emergency medication'' means a medication necessary for response to a life-threatening allergic reaction.

(2) "Licensed health-care provider'' means anyone lawfully authorized to prescribe medications and treatments.

(3) "School'' means an educational facility serving students in kindergarten through grade 12, and any associated pre-kindergarten program in such facility.

(4) "School nurse'' means a registered nurse employed by a local education agency meeting the certification and licensure requirements of the employing agency.

(5) "Trained person'' means an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 who has completed the training to administer emergency medicine to diagnosed and undiagnosed individuals.

(6) "Without an order'' means that the school nurse or trained person may administer emergency medication, as further described within this chapter, without an individual prescription from a licensed health-care provider for a person to receive the emergency medication. In lieu of a licensed health-care provider's order, i.e., an individual prescription, the Division of Public Health will issue guidance for administration emergency medication in the school setting. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by public—charter school registered nurses.

79 Del. Laws, c. 342, § 1.;

§ 3002E Responsibilities of the Department of Education.

The Department of Education shall adopt rules and regulations regarding emergency medication, including but not limited to the training of trained persons and documentation thereof; and the storage, provision and administration of emergency medication and documentation thereof.

79 Del. Laws, c. 342, § 1.;

§ 3003E Responsibilities of the Division of Public Health.

The Division of Public Health shall provide guidance on the administration of emergency medications without an order in the school setting to undiagnosed individuals. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by public/charter school registered nurses.

79 Del. Laws, c. 342, § 1.;

§ 3004E Responsibilities of the school.

(a) The school nurse, in consultation with the school administration, shall identify and train a sufficient number of eligible persons willing or required by position to become trained persons to administer emergency medication.

(b) The school shall maintain stock emergency medication.

79 Del. Laws, c. 342, § 1.;

§ 3005E Training.

(a) The Department of Education shall develop, for approval by the Division of Public Health, a training course to prepare trained persons to administer emergency medications to diagnosed and undiagnosed individuals.

(b) Except for a school nurse, an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 shall not be compelled to become a trained person, unless this is a requirement of hire or contract.

79 Del. Laws, c. 342, § 1.;

§ 3006E Storage of emergency medication.

(a) Emergency medication which shall be administered by the school nurse, shall be located in a secure but accessible area which is easily accessible to the school nurse.

(b) Emergency medication which shall be administered by a trained person, shall be located in a secure but accessible area, which is identified by the school as easily accessible.

79 Del. Laws, c. 342, § 1.;

§ 3007E Provision of limited liability protections.

Any trained person or school nurse, who, in good faith and without expectation of compensation from the person aided or treated, renders emergency care or treatment in response to an apparent allergic reaction by the use of an emergency medication shall not be liable for damages for injuries alleged to have been sustained by the aided or treated person or for damages for the death of the aided or treated person alleged to have occurred by reason of an act or omission in the rendering of such emergency care or treatment, unless it is established that such injuries or such death were caused wilfully, wantonly or by gross negligence on the part of the trained person or school nurse who rendered the emergency care or treatment by the use of an emergency medication.

79 Del. Laws, c. 342, § 1.;