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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2016

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14 DE Admin. Code 817
The Secretary of Education intends to amend 14 DE Admin. Code 817 Medications and Treatments. This regulation is being amended to align with Senate Bill 181 with Senate Amendment 1 of the 148th General Assembly, which permits the use, with specific conditions, of medical marijuana oil in schools. A non-regulatory note has been edited and added to the end of the regulation to reference the change in state law and emphasize that the school nurse will not be administering medical marijuana oil.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on October 1, 2016, in the form hereto attached as Exhibit "A". Comments were received from the State Council for Persons with Disabilities (SCPD) and the Governor's Advisory Council for Exceptional Citizens (GACEC) suggesting there is some "tension" between Senate Bill 181 and disability-related laws. The Department is abiding by the requirements of the statute. No change was made to the proposed amended regulation.
The Secretary finds that it is appropriate to amend 14 DE Admin. Code 817 Medications and Treatments in order to be in alignment with Senate Bill 181 with Senate Amendment 1 of the 148th General Assembly, which permits the use, with specific conditions, of medical marijuana oil in schools. A non-regulatory note has been edited and added to the end of the regulation to reference the change in state law and emphasize that the school nurse will not be administering medical marijuana oil.
For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 817 Medications and Treatments. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 817 Medications and Treatments attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 817 Medications and Treatments hereby amended shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 817 Medications and Treatments amended hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 817 Medications and Treatments in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on November 17, 2016. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 17th day of November 2016.
Approved School Activity” means a school-sponsored field trip or approved school activity outside of the traditional school day or off-campus.
Assist(ance) with Self-Administration of Medication” means assisting a student in kindergarten through grade 12 in the self-administration of a medication taken orally, by inhalation, or applied topically, provided that the medication is in a properly labeled container. Assistance may include holding the medication container for the student, assisting with the opening of the container, and assisting the student in self-administering the medication. Assistance does not include making nursing judgments. Lay assistants shall not assist with injections. The one exception is with emergency medications where standard emergency procedures prevail for life-threatening symptoms of a diagnosed condition, and includes the administration of the medication based on the healthcare provider’s order and parent permission.
Controlled Medication” means those prescribed drugs regulated by Federal (Controlled Substance Act of 1970) and/or State Controlled (dangerous) Substances Act.
Current” means a medication or prescription that is not outdated or expired according to the date on the label. A current prescription is written for a specific time period, not to exceed one year.
Dosage” or “Dose means a specific amount of medication prescribed or directed to be taken at any one time.
Educators” means teachers, administrators, and paraeducators employed by a school.
Emergency Medication” means a medication necessary for response to a life-threatening allergic reaction.
Emergency Medication for a Diagnosed Medical Condition” means a medication prescribed to treat a life-threatening symptom of a diagnosed medical condition.
Emergency Medication Summary Sheet” means a document developed by the Department of Education and the Division of Public Health to report the use of Emergency Medication in the school setting.
"Field Trip" means any off campus, school sponsored activity.
Licensed Healthcare Provider” means anyone lawfully authorized to prescribe medications and treatments.
"Medication" means a legal drug, which has been authorized for a student to use and includes both prescription and non-prescription drugs.
Non-prescription Medication” means any over-the-counter medication that can be sold legally without a prescription.
Other School Employees means coaches or persons hired or contracted by schools.
"Paraeducators" mean teaching assistants or aides in a school.
Prescription Medication” means a legal drug that has a written order for an individual student by a licensed health care provider licensed to prescribe medication.
School” means an educational facility serving students in kindergarten through grade 12 and any associated pre-kindergarten program in such facility.
School Nurse” means a Registered Nurse licensed to practice in the State of Delaware, who is employed by a school district, charter school, or private school.
Traditional School Day” means the hours within the days counted to meet the state minimum number of school days each year and summer school.
Trained Assistant for Self-Administration” means an Educator or Other School Employee who has completed the training to assist a student with self-administration of medications. This person may render emergency care, including injection, to any student unable to self-administer medication for life-threatening symptoms of a diagnosed condition based on the healthcare provider’s order and parent permission.
Trained Person” means an Educator or Other School Employee who has completed the training to administer Emergency Medicine to diagnosed and undiagnosed students with symptoms of a life-threatening allergic reaction in the school setting.
3.2.1 Prescription medications shall be provided to the School in the original container and properly labeled with the student's name; the prescribing licensed health care provider's name; the name of the medication; the dosage; how and when it is to be administered; the name and phone number of the pharmacy and the current date of the prescription. The medication shall be in a container which meets United States Pharmacopoeia National Formulary standards.
6.1 Educators and Other School Employees who are Trained Assistants for Self-Administration are authorized by 24 Del.C. §1921(a)(13) to assist a student with self-administration of Medications at an Approved School Activity for students in kindergarten through Grade 12. The Trained Assistant for Self-Administration is subject to the following provisions:
6.1.1.2 Prescription medications shall be provided to the School Nurse by the parent and shall be properly labeled with the student’s name; the licensed health care provider's name; the name of the medication; the dosage; how and when it is to be administered; the name and phone number of the pharmacy; and the current date of the prescription. The medication shall be in a container which meets United States Pharmacopoeia National Formulary standards.
6.1.1.2.1 Controlled medications must be stored on the person assisting or in a secure location under double lock. Maintaining doses for greater than one day is not permitted except in the case of an overnight activity.
6.1.2 In order to be qualified to provide Assistance with Self-Administration of Medications, each such person shall complete a Board of Nursing approved training course developed by the Delaware Department of Education, pursuant to 24 Del.C. §1921(a)(13). Training shall be renewed minimally every five years. No person shall provide Assistance with Self-Administration of Medications without documented acknowledgment to the Department of Education that he/she has completed the course and that he/she understands the same, and will abide by the safe practices and procedures set forth therein. A School Nurse shall:
7.1 School Nurses and Trained Persons are authorized by 16 Del.C. Ch. 30E to administer Emergency Medication Without an Order at School to a student in pre-K through grade 12, who is symptomatic of a life-threatening allergic reaction in the school setting.
Nonregulatory note: 14 DE Admin. Code 612, Possession, Use and Distribution of Drugs and Alcohol addresses student self-administration of a prescribed asthmatic quick relief inhaler and student self-administration of prescribed autoinjectable epinephrine, an insulin pump or administration of medical marijuana oil.
Nonregulatory note: 16 Del.C. §3007E provides liability protection for any Trained Person or School Nurse, who, in good faith and without expectation of compensation from the person aided or treated, administers Emergency Medication.
Nonregulatory note: 16 Del.C. §4904A provides exceptions for the administration of medical marijuana oil by a parent or designated caregivers.
Last Updated: December 31 1969 19:00:00.
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