N.M. Admin. Code § 6.12.2.9

Current through Register Vol. 35, No. 24, December 23, 2024

Section 6.12.2.9 - STUDENT'S RIGHT TO SELF ADMINISTER CERTAIN MEDICATIONS

A. The following definitions apply to this section.

(1) "Health care practitioner" means a person authorized under law in New Mexico to prescribe drugs for the treatment of asthma and anaphylaxis associated medical conditions.

(2) "Medication" means a drug as that term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321) and includes inhaled bronchodilators, inhaled corticosteroids and auto-injectable epinephrine.

(3) "Self-administration" means a student's discretionary use of his or her prescribed asthma or anaphylaxis medication, pursuant to prescription or written direction from a health care practitioner.

B. Requirements

(1) General rights: Schools (whether public or nonpublic) must grant to any student in grades kindergarten through 12 authorization to carry and self-administer health care practitioner prescribed asthma treatment medications and anaphylaxis emergency treatment medication if the following conditions are met:

(a) a health care practitioner has prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication; and

(b) the student has demonstrated the skill level necessary to use the medication and any device that is necessary to administer such medication as prescribed by the health care practitioner (or such practitioner's designee) and the school nurse or other school official who is a public education department licensed health care provider; and

(c) the school nurse (if available) with the health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and

(d) the school has, in writing, informed the parent or guardian of the student that the school, including its employees and agents, is to incur no liability as a result of any injury arising from the self-administration of medication pursuant to this section; and

(e) the student's parent or guardian has completed and submitted to the school:

(i) any written documentation required by the school, including the statement required by Paragraph (1);

(ii) the treatment plan formulated under Subparagraph (c) of this paragraph; and

(iii) a signed statement from the parent or guardian of the student acknowledging that, notwithstanding any provision of state law to the contrary, the school (including its employees and agents) is to incur no liability as a result of any injury arising from such self-administration of medication and the parent or guardian will indemnify and hold harmless the school (including its employees and agents) against any claim arising out of such self-administration of medication.

(2) Extent of authorization: An authorization granted under Paragraph (1) of Subsection B must allow the student involved to possess and use his/her medication:

(a) while in school;

(b) while at a school-sponsored activity;

(c) during normal before-school and after-school activities such as before-school or after school care on school-operated property; and,

(d) in transit to or from school or school-sponsored activities.

(3) Duration of authorization. An authorization granted under Subsection B:

(a) must be effective only for the school year for which it is granted; and

(b) must be renewed by the parent or guardian each subsequent school year in accordance with this section.

(4) The school must ensure that back-up medication, if provided by a student's parent or guardian, be kept at the student's school at a location easily accessible to the student in event of an asthma or anaphylaxis emergency. Each school must develop policies and procedures to address the safekeeping of back-up medication in a manner that ensures the medication is easily accessible by the student. Authorized school personnel who in good faith provide a person with backup medication as provided in this paragraph are not liable for civil damages as a result of providing the medication.

(5) Maintenance of information: Information described in Subparagraphs (c) and (e) of Paragraph (1) shall be kept on file at the student's school in a location easily accessible in the event of an asthma or anaphylasix emergency. Each school must develop policies and procedures to address the safekeeping and confidentiality of the required information.

N.M. Admin. Code § 6.12.2.9

6.12.2.9 NMAC - N, 11-15-05