North Carolina § 115C-375 - 1. To provide some medical care to students.

§ 115C-375. 1. To provide some medical care to students.

It is within the scope of duty of teachers, including substitute teachers, teacher assistants, student teachers, or any other public school employee when authorized by the board of education or its designee, (i) to administer any drugs or medication prescribed by a doctor upon written request of the parents, (ii) to give emergency health care when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the pupil, and (iii) to perform any other first aid or lifesaving techniques in which the employee has been trained in a program approved by the State Board of Education. No employee, however, shall be required to administer drugs or medication or attend lifesaving techniques programs. Any public school employee, authorized by the board of education or its designee to act under (i), (ii), or (iii) above, shall not be liable in civil damages for any authorized act or for any omission relating to that act unless the act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. Any person, serving in a voluntary position at the request of or with the permission or consent of the board of education or its designee, who has been given the authority by the board of education or its designee to act under (ii) above shall not be liable in civil damages for any authorized act or for any omission relating to the act unless the act amounts to gross negligence, wanton conduct, or intentional wrongdoing. At the commencement of each school year, but before the beginning of classes, and thereafter as circumstances require, the principal of each school shall determine which persons will participate in the medical care program. History (2005-22, s. 2(b); 2006-264, ss. 57(a), (c).) Editor's Note. - Session Laws 2005-22, s. 1, originally enacted this Article as Article 26A. It has been renumbered as Article 25A at the direction of the Revisor of Statutes. Session Laws 2005-22, s. 6, provides: "The Department of Health and Human Services, Department of Public Instruction, or other appropriate State agencies shall apply for any federal grants for which the entity is eligible under 42 U.S.C. § 280g or other federal statutes or regulations related to treating, preventing, or training on children's asthma." Session Laws 2006-264, s. 57(a), effective August 27, 2006, provides: "Article 26A of Chapter 115C of the General Statutes, as enacted by Section 1 of S.L. 2005-22, is recodified as Article 25A of Chapter 115C of the General Statutes." Session Laws 2019-245, s. 4.4(e), effective December 1, 2019, rewrote the Article 25A heading, which formerly read "Special Medical Needs of Students." Legal Periodicals. - For comment, "The Dog Days in American Public Schools: Observations and Suggestions Regarding the Laws, Challenges and Amazing Benefits of Allowing Service Animals to Accompany Children with Special Needs to School," see 35 Campbell L. Rev. 149 (2012).