2006 Utah Code - 53A-11-601 — Administration of medication to students -- Prerequisites -- Immunity from liability.

     53A-11-601.   Administration of medication to students -- Prerequisites -- Immunity from liability.
     (1) A public or private school that holds any classes in grades kindergarten through 12 may provide for the administration of medication to any student during periods when the student is under the control of the school, subject to the following conditions:
     (a) the local school board or its private equivalent has consulted with the Department of Health and other appropriate health professionals and adopted policies that provide for:
     (i) the designation of employees who may administer medication;
     (ii) proper identification and safekeeping of medication;
     (iii) the training of designated employees; and
     (iv) maintenance of records of administration; and
     (b) medication may only be administered to a student if:
     (i) the student's parent or legal guardian has provided a current written and signed request that medication be administered during regular school hours to the student; and
     (ii) the student's physician, dentist, nurse practitioner, or physician assistant has provided a signed statement describing the method, amount, and time schedule for administration, and a statement that administration of medication by school employees during periods when the student is under the control of the school is medically necessary.
     (2) Authorization for administration of medication by school personnel may be withdrawn by the school at any time following actual notice to the student's parent or guardian.
     (3) School personnel who provide assistance under Subsection (1) in substantial compliance with the physician's or dentist's written statement and the employers of these school personnel are not liable, civilly or criminally, for:
     (a) any adverse reaction suffered by the student as a result of taking the medication; and
     (b) discontinuing the administration of the medication under Subsection (2).

Enacted by Chapter 236, 1988 General Session

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