CHAPTER 14. HEALTH CARE: IMMUNITY OF CERTAIN PERSONS WHO ADMINISTER MEDICATIONS TO PUPILS AT SCHOOL
IC 34-30-14
Chapter 14. Health Care: Immunity of Certain Persons WhoAdminister Medications to Pupils at School
IC 34-30-14-1
Compelling certain school personnel to administer medication topupils prohibited
Sec. 1. A school or school board may not:
(1) require a teacher or other school employee who is notemployed as a school nurse or physician to administer:
(A) medication, drugs, or tests described in section 2 of thischapter; or
(B) health care services, basic life support, or other servicesthat require the teacher or employee to place the teacher's oremployee's hands on a pupil for therapeutic or sanitarypurposes; or
(2) discipline a teacher or other school employee who is notemployed as a school nurse or physician and who:
(A) refuses to administer medication, drugs, or tests withoutthe written:
(i) authority of a pupil's parent or guardian; or
(ii) order of a practitioner;
required under section 2 of this chapter; or
(B) refuses to administer health care services, basic lifesupport, or other services that require the teacher oremployee to place the teacher's or employee's hands on apupil for therapeutic or sanitary purposes.
As added by P.L.1-1998, SEC.26. Amended by P.L.166-2007, SEC.4;P.L.3-2008, SEC.246.
IC 34-30-14-2
Administering medication to pupils; immunity
Sec. 2. If compliance with sections 3 and 4 of this chapter hasoccurred, a school administrator, teacher, or other school employeedesignated by the school administrator, after consultation with theschool nurse, who in good faith administers to a pupil:
(1) a nonprescription medication in compliance with the writtenpermission of the pupil's parent or guardian, except in the caseof a life threatening emergency;
(2) a legend drug (as defined in IC 16-18-2-199 and includinginjectable insulin) in compliance with the:
(A) written order of a practitioner; and
(B) written permission of the pupil's parent or guardian,except in the case of a life threatening emergency;
(3) a glucose test in compliance with the written order of apractitioner;
(4) health care services, basic life support, or other services thatrequire the administrator, teacher, or employee to place theadministrator's, teacher's, or employee's hands on the pupil fortherapeutic or sanitary purposes; or (5) any combination of subdivisions (1) through (4);
is not personally liable for civil damages for any act that is incidentto or within the scope of the duties of the employee as a result of theadministration except for an act or omission amounting to grossnegligence or willful and wanton misconduct.
As added by P.L.1-1998, SEC.26. Amended by P.L.166-2007, SEC.5.
IC 34-30-14-3
Record keeping requirements
Sec. 3. The school shall keep on file the written permission of apupil's parent or guardian and the written order of a practitioner.
As added by P.L.1-1998, SEC.26.
IC 34-30-14-4
Training requirements
Sec. 4. (a) This section applies if a school employee:
(1) is not a practitioner or an individual licensed underIC 25-23; and
(2) is responsible for administering injectable insulin or aglucose test by finger prick.
(b) The employee must obtain from a practitioner or a registerednurse licensed under IC 25-23 the training that the practitioner orregistered nurse determines is appropriate for providing the service.
(c) Before the school employee provides the service, the schoolmust have on file a written statement from the practitioner orregistered nurse that indicates the school employee has received thetraining required under this section.
As added by P.L.1-1998, SEC.26.
IC 34-30-14-5
Chapter subject to IC 34-13-3
Sec. 5. This chapter is subject to IC 34-13-3.
As added by P.L.1-1998, SEC.26.
IC 34-30-14-6
Immunity in connection with self-administration of medication
Sec. 6. A school or school board is not liable for civil damages asa result of a student's self-administration of medication for an acuteor chronic disease or medical condition as provided underIC 20-33-8-13 except for an act or omission amounting to grossnegligence or willful and wanton misconduct.
As added by P.L.264-2001, SEC.5. Amended by P.L.1-2005,SEC.223.
IC 34-30-14-7
Teachers; immunity for providing cardiopulmonary resuscitationor the Heimlich maneuver
Sec. 7. A teacher:
(1) who meets the requirement of IC 20-28-5-3(c); and
(2) who: (A) performs cardiopulmonary resuscitation on;
(B) performs the Heimlich maneuver on; or
(C) removes a foreign body that is obstructing an airway of;
another person, in the course of employment as a teacher;
is not liable in a civil action for damages resulting from an act oromission occurring during the provision of emergency assistanceunder this section, unless the act or omission constitutes grossnegligence or willful and wanton misconduct.
As added by P.L.166-2007, SEC.6.