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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0751.01D ABA HOUSE BILL 97­1340

STATE OF COLORADO

BY REPRESENTATIVE Sullivant;

also SENATOR Hopper.

ENGROSSED

EDUCATION

A BILL FOR AN ACT

CONCERNING THE ADMINISTERING OF MEDICATION TO STUDENTS IN SCHOOLS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Modifies the current statutory provision relating to the liability of school employees for the dispensing of drugs to students by changing the term "dispensing" to "administering" to more accurately describe the act of the employee in handing out medication to a student and by establishing the conditions under which medication is allowed to be administered by school employees.

Amends the "Colorado Medical Practice Act" and the "Nurse Practice Act" to clearly state that the administering of medication by school employees in accordance with statutory provisions is not the practice of medicine or nursing.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  22­1­119, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

22­1­119.  Administration of medication to students ­ liability. (1)  A DESIGNATED SCHOOL EMPLOYEE MAY ADMINISTER MEDICATION TO A STUDENT IF:

(a)  THE ADMINISTRATION OF THE MEDICATION DOES NOT REQUIRE THE EXERCISE OF DISCRETION BY SUCH EMPLOYEE AS TO THE TIME THE MEDICATION IS TO BE GIVEN OR THE DOSAGE OF MEDICATION TO BE GIVEN; AND

(b)  THE STUDENT'S PARENT OR LEGAL GUARDIAN HAS PROVIDED THE SCHOOL WITH WRITTEN INSTRUCTIONS CONCERNING THE ADMINISTRATION OF THE MEDICATION AND, IN THE CASE OF A PRESCRIPTION DRUG, WRITTEN INSTRUCTIONS FROM THE PRESCRIBING PHYSICIAN CONCERNING THE ADMINISTRATION OF SUCH DRUG.

(2)  NO SCHOOL EMPLOYEE MAY BE DESIGNATED BY THE SCHOOL DISTRICT TO ADMINISTER MEDICATION UNLESS SUCH EMPLOYEE IS FULLY INFORMED OF THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION CONCERNING THE CONDITIONS UNDER WHICH MEDICATION MAY BE ADMINISTERED.

(3)  Any DESIGNATED school employee who dispenses any drug, as such term is defined in section 12­22­102 (11), C.R.S., to a student in accordance with written instructions from a parent or legal guardian ADMINISTERS MEDICATION IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION shall not be liable for damages in any civil action or subject to prosecution in any criminal proceedings for an adverse drug reaction suffered by the student as a result of dispensing ADMINISTERING such drug MEDICATION.

(4)  FOR PURPOSES OF THIS SECTION:

(a)  "MEDICATION" INCLUDES, BUT IS NOT LIMITED TO, ANY DRUG AS SUCH TERM IS DEFINED IN SECTION 12­22­102 (11), C.R.S.

(b)  "PRESCRIPTION DRUG" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 12­22­102 (30), C.R.S.

SECTION 2.  12­36­106 (3), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­36­106.  Practice of medicine defined ­ exemptions from licensing requirements ­ repeal. (3)  Nothing in this section shall be construed to prohibit, or to require a license under this article with respect to, any of the following acts:

(u)  THE ADMINISTERING OF MEDICATION BY SCHOOL EMPLOYEES IN ACCORDANCE WITH SECTION 22­1­119, C.R.S.

SECTION 3.  12­38­125 (1), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­38­125.  Exclusions. (1)  No provision of this article shall be construed to prohibit:

(l)  THE ADMINISTERING OF MEDICATION BY SCHOOL EMPLOYEES IN ACCORDANCE WITH SECTION 22­1­119, C.R.S.

SECTION 4.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.