IC 34-30-14
Chapter 14. Health Care: Immunity of Certain Persons Who
Administer Medications to Pupils at School
IC 34-30-14-1 Compelling certain school personnel to administer medication to
pupils prohibited
Sec. 1. A school or school board may not:
(1) require a teacher or other school employee who is not
employed as a school nurse or physician to administer:
(A) medication, drugs, or tests described in section 2 of this
chapter; or
(B) health care services, basic life support, or other services
that require the teacher or employee to place the teacher's or
employee's hands on a pupil for therapeutic or sanitary
purposes; or
(2) discipline a teacher or other school employee who is not
employed as a school nurse or physician and who:
(A) refuses to administer medication, drugs, or tests without
the 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 life
support, or other services that require the teacher or
employee to place the teacher's or employee's hands on a
pupil 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 has
occurred, a school administrator, teacher, or other school employee
designated by the school administrator, after consultation with the
school nurse, who in good faith administers to a pupil:
(1) a nonprescription medication in compliance with the written
permission of the pupil's parent or guardian, except in the case
of a life threatening emergency;
(2) a legend drug (as defined in IC 16-18-2-199 and including
injectable 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 a
practitioner;
(4) health care services, basic life support, or other services that
require the administrator, teacher, or employee to place the
administrator's, teacher's, or employee's hands on the pupil for
therapeutic or sanitary purposes; or
(5) any combination of subdivisions (1) through (4);
is not personally liable for civil damages for any act that is incident
to or within the scope of the duties of the employee as a result of the
administration except for an act or omission amounting to gross
negligence 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 a
pupil'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 under
IC 25-23; and
(2) is responsible for administering injectable insulin or a
glucose test by finger prick.
(b) The employee must obtain from a practitioner or a registered
nurse licensed under IC 25-23 the training that the practitioner or
registered nurse determines is appropriate for providing the service.
(c) Before the school employee provides the service, the school
must have on file a written statement from the practitioner or
registered nurse that indicates the school employee has received the
training 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 as
a result of a student's self-administration of medication for an acute
or chronic disease or medical condition as provided under
IC 20-33-8-13 except for an act or omission amounting to gross
negligence 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 resuscitation
or 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 or
omission occurring during the provision of emergency assistance
under this section, unless the act or omission constitutes gross
negligence or willful and wanton misconduct. As added by P.L.166-2007, SEC.6.
IC 34-30-14
Chapter 14. Health Care: Immunity of Certain Persons Who
Administer Medications to Pupils at School
IC 34-30-14-1 Compelling certain school personnel to administer medication to
pupils prohibited
Sec. 1. A school or school board may not:
(1) require a teacher or other school employee who is not
employed as a school nurse or physician to administer:
(A) medication, drugs, or tests described in section 2 of this
chapter; or
(B) health care services, basic life support, or other services
that require the teacher or employee to place the teacher's or
employee's hands on a pupil for therapeutic or sanitary
purposes; or
(2) discipline a teacher or other school employee who is not
employed as a school nurse or physician and who:
(A) refuses to administer medication, drugs, or tests without
the 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 life
support, or other services that require the teacher or
employee to place the teacher's or employee's hands on a
pupil 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 has
occurred, a school administrator, teacher, or other school employee
designated by the school administrator, after consultation with the
school nurse, who in good faith administers to a pupil:
(1) a nonprescription medication in compliance with the written
permission of the pupil's parent or guardian, except in the case
of a life threatening emergency;
(2) a legend drug (as defined in IC 16-18-2-199 and including
injectable 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 a
practitioner;
(4) health care services, basic life support, or other services that
require the administrator, teacher, or employee to place the
administrator's, teacher's, or employee's hands on the pupil for
therapeutic or sanitary purposes; or
(5) any combination of subdivisions (1) through (4);
is not personally liable for civil damages for any act that is incident
to or within the scope of the duties of the employee as a result of the
administration except for an act or omission amounting to gross
negligence 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 a
pupil'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 under
IC 25-23; and
(2) is responsible for administering injectable insulin or a
glucose test by finger prick.
(b) The employee must obtain from a practitioner or a registered
nurse licensed under IC 25-23 the training that the practitioner or
registered nurse determines is appropriate for providing the service.
(c) Before the school employee provides the service, the school
must have on file a written statement from the practitioner or
registered nurse that indicates the school employee has received the
training 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 as
a result of a student's self-administration of medication for an acute
or chronic disease or medical condition as provided under
IC 20-33-8-13 except for an act or omission amounting to gross
negligence 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 resuscitation
or 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 or
omission occurring during the provision of emergency assistance
under this section, unless the act or omission constitutes gross
negligence or willful and wanton misconduct. As added by P.L.166-2007, SEC.6.
IC 34-30-14
Chapter 14. Health Care: Immunity of Certain Persons Who
Administer Medications to Pupils at School
IC 34-30-14-1 Compelling certain school personnel to administer medication to
pupils prohibited
Sec. 1. A school or school board may not:
(1) require a teacher or other school employee who is not
employed as a school nurse or physician to administer:
(A) medication, drugs, or tests described in section 2 of this
chapter; or
(B) health care services, basic life support, or other services
that require the teacher or employee to place the teacher's or
employee's hands on a pupil for therapeutic or sanitary
purposes; or
(2) discipline a teacher or other school employee who is not
employed as a school nurse or physician and who:
(A) refuses to administer medication, drugs, or tests without
the 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 life
support, or other services that require the teacher or
employee to place the teacher's or employee's hands on a
pupil 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 has
occurred, a school administrator, teacher, or other school employee
designated by the school administrator, after consultation with the
school nurse, who in good faith administers to a pupil:
(1) a nonprescription medication in compliance with the written
permission of the pupil's parent or guardian, except in the case
of a life threatening emergency;
(2) a legend drug (as defined in IC 16-18-2-199 and including
injectable 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 a
practitioner;
(4) health care services, basic life support, or other services that
require the administrator, teacher, or employee to place the
administrator's, teacher's, or employee's hands on the pupil for
therapeutic or sanitary purposes; or
(5) any combination of subdivisions (1) through (4);
is not personally liable for civil damages for any act that is incident
to or within the scope of the duties of the employee as a result of the
administration except for an act or omission amounting to gross
negligence 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 a
pupil'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 under
IC 25-23; and
(2) is responsible for administering injectable insulin or a
glucose test by finger prick.
(b) The employee must obtain from a practitioner or a registered
nurse licensed under IC 25-23 the training that the practitioner or
registered nurse determines is appropriate for providing the service.
(c) Before the school employee provides the service, the school
must have on file a written statement from the practitioner or
registered nurse that indicates the school employee has received the
training 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 as
a result of a student's self-administration of medication for an acute
or chronic disease or medical condition as provided under
IC 20-33-8-13 except for an act or omission amounting to gross
negligence 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 resuscitation
or 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 or
omission occurring during the provision of emergency assistance
under this section, unless the act or omission constitutes gross
negligence or willful and wanton misconduct. As added by P.L.166-2007, SEC.6.
