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Delaware Legislature Expands Exception for Self-Administered Medication

Education Alert | July 31, 2012
By: Marc S. Casarino

Senate Bill 257, enacted June 14, 2012, revises Title 24, section 1921(17) of the Delaware Code, governing an exception to the Delaware nurse licensure obligations, to read:

Educators, coaches, or persons hired or contracted by schools serving students in kindergarten through grade 12 who assist students with medications that are self-administered during school field trips and approved school activities outside the traditional school day or off-campus that have completed a Board of Nursing approved training course developed by the Delaware Department of Education.

The import of this exception is that certain school personnel, other than a state-certified nurse, may assist students with the self-administration of medication without committing the unlawful practice of nursing.  This revision includes coaches and persons hired or contracted by schools serving students in kindergarten through grade 12 among those persons who may assist with the self-administration of medication to a student.  The revision also provides for the assistance of medication during approved school activities outside the traditional school day and off-campus activities.

For more information regarding this alert, please contact Marc Casarino in our Wilmington office at 302.467.4520 or casarinom@whiteandwilliams.com.

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult a lawyer concerning your own situation and legal questions.
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