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Non-Medical School Employees May Administer Antiseizure Medication

On October 7, 2011, Governor Brown signed SB 161 into law. SB 161 addresses circumstances in which properly trained, nonmedical school employees may administer antiseizure medication to students with epilepsy in the absence of a nurse. The new law, Education Code Section 49414.7, is summarized as follows:

A. The parent of a pupil who has been prescribed emergency antiseizure medication may request the pupil’s school to provide one (1) or more of the school’s employees with training in the administration of antiseizure medication.

1. If a parent makes such a request, the school must:

a. Notify the parent that his/her child may qualify for services or accommodations under a 504 plan or IEP;

b. Assist the parent in determining whether such services or accommodations apply; and

c. If it is determined that the pupil is eligible for a 504 plan or an IEP, encourage the parent to adopt that plan/program.

2. The school may ask the parent to sign a notice verifying that he/she was given information about the 504 plan and IEP and that the parent understands that he/she has the right to request a 504 plan or IEP at any time.

B. No more than twice a year (per child whose parents have may a request as stated above), the school must distribute an electronic notice to all staff requesting volunteers to be trained to administer antiseizure medication in the absence of a nurse. The notice must include in bold print: information about the antiseizure medication, a description of the training, and the voluntary nature of the program.

C. In order for a nonmedical employee to administer antiseizure medication to a student, the student’s parent must provide written consent.

D. The nonmedical employee shall only administer antiseizure medication to a student in the absence of a nurse.

E. A properly trained nonmedical employee, who has previously agreed to administer antiseizure medication, may be required to administer such medication unless he/she has rescinded his/her offer to administer such medication. An employee may rescind an offer to administer antiseizure medication:

1. Up to three (3) days after completion of the voluntary training; or

2. By providing a two (2) week notice or rescission or until a new individual health plan or 504 plan has been developed for an affected pupil, whichever is less.

This is only a general summary of the new requirements, should you like a more detailed explanation of SB 161, or require advice regarding a specific matter, please contact our office at (916) 932-2500 or email us at admin@kblegal.us.

Kingsley Bogard LLP  |  600 Coolidge Drive, Suite 160  |  Folsom, CA 95630
(916) 932-2500 phone  |  (916) 932-2510 fax  |  admin@kblegal.us

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