Nevada § 392.425 - Authorization for pupil to self-administer medication for asthma, anaphylaxis or diabetes; contents of request; establishment of protocols relating to self-administration of medication; immunity from liability

§ 392.425. Authorization for pupil to self-administer medication for asthma, anaphylaxis or diabetes; contents of request; establishment of protocols relating to self-administration of medication; immunity from liability

1. The parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes

may submit a written request to the principal or, if applicable, the school nurse

of the public school in which the pupil is enrolled to allow the pupil to self-administer

medication for the treatment of the pupil's asthma, anaphylaxis or diabetes while

the pupil is on the grounds of a public school, participating in an activity sponsored

by a public school or on a school bus. 2. A public school shall establish protocols for containing blood-borne pathogens

and the handling and disposal of needles, medical devices and other medical waste

and provide a copy of these protocols and procedures to the parent or guardian of

a pupil who requests permission for the pupil to self-administer medication pursuant

to subsection 1. 3. A written request made pursuant to subsection 1 must include: (a) A signed statement of a physician, physician assistant or advanced practice registered

nurse indicating that the pupil has asthma, anaphylaxis or diabetes and is capable

of self-administration of the medication while the pupil is on the grounds of a public

school, participating in an activity sponsored by a public school or on a school bus; (b) A written treatment plan prepared by the physician, physician assistant or advanced

practice registered nurse pursuant to which the pupil will manage his or her asthma,

anaphylaxis or diabetes if the pupil experiences an asthmatic attack, anaphylactic

shock or diabetic episode while on the grounds of a public school, participating in

an activity sponsored by a public school or on a school bus; and (c) A signed statement of the parent or legal guardian: (1) Indicating that the parent or legal guardian grants permission for the pupil to

self-administer the medication while the pupil is on the grounds of a public school,

participating in an activity sponsored by a public school or on a school bus; (2) Acknowledging that the parent or legal guardian is aware of and understands the

provisions of subsections 4 and 5; (3) Acknowledging the receipt of the protocols provided pursuant to subsection 2; (4) Acknowledging that the protocols established pursuant to subsection 2 have been

explained to the pupil who will self-administer the medication and that he or she

has agreed to comply with the protocols; and (5) Acknowledging that authorization to self-administer medication pursuant to this

section may be revoked if the pupil fails to comply with the protocols established

pursuant to subsection 2. 4. The provisions of this section do not create a duty for the board of trustees of

the school district, the school district, the public school in which the pupil is

enrolled, or an employee or agent thereof, that is in addition to those duties otherwise

required in the course of service or employment. 5. If a pupil is granted authorization pursuant to this section to self-administer

medication, the board of trustees of the school district, the school district and

the public school in which the pupil is enrolled, and any employee or agent thereof,

are immune from liability for the injury to or death of: (a) The pupil as a result of self-administration of a medication pursuant to this

section or the failure of the pupil to self-administer such a medication; and (b) Any other person as a result of exposure to or injury caused by needles, medical

devices or other medical waste from the self-administration of medication by a pupil

pursuant to this section. 6. Upon receipt of a request that complies with subsection 3, the principal or, if

applicable, the school nurse of the public school in which a pupil is enrolled shall

provide written authorization for the pupil to carry and self-administer medication

to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds

of a public school, participating in an activity sponsored by a public school or on

a school bus. The written authorization must be filed with the principal or, if applicable, the

school nurse of the public school in which the pupil is enrolled and must include: (a) The name and purpose of the medication which the pupil is authorized to self-administer; (b) The prescribed dosage and the duration of the prescription; (c) The times or circumstances, or both, during which the medication is required or

recommended for self-administration; (d) The side effects that may occur from an administration of the medication; (e) The name and telephone number of the pupil's physician, physician assistant or

advanced practice registered nurse and the name and telephone number of the person

to contact in the case of a medical emergency concerning the pupil; and (f) The procedures for the handling and disposal of needles, medical devices and other

medical waste. 7. The written authorization provided pursuant to subsection 6 is valid for 1 school

year. If a parent or legal guardian submits a written request that complies with subsection

3, the principal or, if applicable, the school nurse of the public school in which

the pupil is enrolled shall renew and, if necessary, revise the written authorization. 8. If a parent or legal guardian of a pupil who is authorized pursuant to this section

to carry medication on his or her person provides to the principal or, if applicable,

the school nurse of the public school in which the pupil is enrolled doses of the

medication in addition to the dosage that the pupil carries on his or her person,

the principal or, if applicable, the school nurse shall ensure that the additional

medication is: (a) Stored on the premises of the public school in a location that is secure; and (b) Readily available if the pupil experiences an asthmatic attack, anaphylactic shock

or diabetic episode during school hours. 9. As used in this section: (a) “ Advanced practice registered nurse ” means a registered nurse who holds a valid license as an advanced practice registered

nurse issued by the State Board of Nursing pursuant to NRS 632.237 . (b) “ Medication ” means any medicine prescribed by a physician, physician assistant or advanced practice

registered nurse for the treatment of anaphylaxis, asthma or diabetes, including,

without limitation, asthma inhalers, auto-injectable epinephrine and insulin. (c) “ Physician ” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or osteopathic medicine pursuant to chapter 633 of NRS . (d) “ Physician assistant ” means a person who is licensed as a physician assistant pursuant to chapter 630 or 633 of NRS . (e) “ Self-administer ” means the auto-administration of a medication pursuant to the prescription for the

medication or written directions for such a medication.