H. B. 2016
(By Delegate Heck)
[Introduced February 12, 1997; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section twenty-two-a, article five,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to dispensing
medication to students; medication administration policy;
responsibility to dispense; liability for dispensing.
Be it enacted by the Legislature of West Virginia:
That section twenty-two-a, article five, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-22a. Policy for the administration of medications.
All county boards of education shall develop a specific
medication administration policy which establishes the procedure to be followed for the administration of medication at each
school: Provided, That neither the school nor any school employee is responsible for dispensing medication to a student.
No school employee shall may be required to administer
medications: Provided, That nothing herein shall prevent
prevents any school employee to elect from electing to
administer medication after receiving training as provided
herein: Provided, however, That any school employee in the field
of special education whose employment commenced on or after the
first day of July, one thousand nine hundred eighty-nine, may be
required to administer medications after receiving training as
provided herein neither the school nor any school employee may be
held liable for dispensing medication to a student..
NOTE: The purpose of this bill is to remove liability and
responsibility of schools and school employees for dispensing
medications to students.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.