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.