Overview
The state legislature provides for the administration of drugs to students who need medication during school. Private school employees or volunteers authorized in writing by the private school’s administrator or principal, and licensed school bus operators authorized by the proper school authority, may administer specific non-prescription and prescription drugs to students. (State statute 118.29).
For a listing of the non-prescription and prescription drug products and guidelines included in this law, see page 49 of the 2020-21 WCRIS Legal Handbook. WCRIS members can access the electronic version here with their login information.
Required Training
Private school employees and volunteers who must administer any non-prescription or prescription drugs that need to be injected into a pupil, inhaled, rectally administered, and/or administered into a nasogastric, gastrostomy, or jejunostomy tube must be trained to do so. Private schools do not have to use a training program approved by the DPI. (State statute 118.29(6))
There are laws guiding the use of epinephrine auto-injectors (epi-pens) and asthmatic inhalers. Statutory provisions are also in place for emergency measures relating to life-threatening allergies.
For more information about required training for the administration of medication to students and the guidelines covering specific medications, see page 50 of the 2020-21 WCRIS Legal Handbook. WCRIS members can access the electronic version here, with their login information.
School Policy
Private schools must have a written policy developed by the governing body of the school, in consultation with the school nurse, guiding the administration of medication to students. (State statute 118.29(4))
For guidance on what needs to be included in a school’s policy, see page 50 of the 2020-21 WCRIS Legal Handbook. WCRIS members can access the electronic version here with their login information.
Liability
Private school employees and volunteers authorized to administer medication to students and the school’s administrator or principal are protected from civil liability for their actions or omissions, except if there is a “high degree of negligence.” (State statute 118.29(2)(a)(3) and (b) and 939.25(1)).
Disposal of Medications
At the end of the school year, or a student’s medication cycle, you may be left with unused medication. If it is possible, return the unused medication to the student and their parents/guardians that have the prescription for the unused medication. It is not recommended that schools return prescriptions classified as controlled substances directly to students.
If it is not possible to return unused medication, contact your local police department for instructions on how to properly dispose of the medical waste. Certain medications/waste are classified as hazardous, infectious or controlled substances and must be disposed as such. Please note it is NOT considered best practice to flush medical waste or unused prescriptions down the toilet.
