Nevada Code § 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
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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 pupils 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 pupils
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 or 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.

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