§ 38–651.06. Student access to undesignated emergency medications.

(a) By February 1, 2024, the Department of Health ("Department") shall establish a UEMA plan that authorizes a public school to possess and administer undesignated emergency medications to students without prescriptions for those medications.

(b) By June 1, 2024, the Department shall obtain a standing order signed by at least one physician, physician assistant, or advanced practice nurse licensed in the District to permit public schools to use undesignated emergency medications.

(1) Ensure that undesignated emergency medications are procured and distributed to public schools for use in emergency circumstances;

(2) Ensure the removal and replacement of expired undesignated emergency medications in a timely manner;

(3) Monitor the supply of undesignated emergency medications and ensure sufficient supply is provided to public schools;

(4) Maintain records of the types and quantities of undesignated emergency medications at each public school;

(5) Maintain records regarding the procurement, distribution, and disposition of undesignated emergency medications for 3 years; and

(6) Establish written protocols for schools to notify a student's responsible person and health suite personnel after the school's certified staff or agent administers an undesignated emergency medication.

(d)(1) Beginning July 1, 2024, each public school shall:

(A) Designate at least 2 employees or agents of the school to be certified in the use of undesignated emergency medications who are available to administer medications during all hours of the school day;

(B) Store undesignated emergency medications in a secure but easily accessible location in accordance with the manufacturer's instructions; and

(C) Communicate the contact information of the school's certified employees or agents to all staff and personnel at the school.

(2) For the purposes of this subsection, the term "certified" means an individual who has obtained a certificate of completion of the Department's medication administration training program established by section 5.

(e) OSSE shall:

(1) Require written proof of compliance with subsection (d) of this section from each public school on an annual basis;

(2) Require any public school not in compliance to submit a plan outlining the steps the school shall take to address the noncompliance;

(3) Provide public schools with resources to implement the requirements of subsection (d) of this section; and

(4) Maintain records regarding each public school's compliance with subsection (d) of this section for 3 years.

(f)(1) An employee or agent of a public school who is certified pursuant to this section may administer an undesignated emergency medication to a student whom the employee or agent believes in good faith to immediately require the medication.

(2)(A) Undesignated emergency medications may be used on public school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from public school property.

(B) The certified employee or agent of the public school may carry an appropriate supply of the public school's undesignated emergency medications on field trips or excursions; provided, that there remains a sufficient supply of the undesignated emergency medication in the school building.

(3) Within one business day of administering an undesignated emergency medication to a student, the public school shall notify the Department, who shall in turn:

(A) Notify OSSE;

(B) Notify the physician, physician assistant, or advance practice nurse who provided the standing order for the undesignated emergency medication; and

(C) Provide guidance to the school on how to notify the student's responsible person and health suite personnel that undesignated emergency medication was administered.

(g) An employee or agent of a public school who is certified pursuant to this section may also administer medication for which they are trained to a student to whom it is prescribed, who the employee or agent believes in good faith requires the immediate use of the medication.

(h) The Department shall develop a procedure by which the responsible person may request that the student not receive treatment in emergency circumstances.

(Feb. 2, 2008, D.C. Law 17-107, § 7, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(d), 63 DCR 756; Feb. 15, 2024, D.C. Law 25-124, § 2(b), 70 DCR 16578.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have substituted “the student” for “a minor student” in (d).

Applicability

Section 7289 of D.C. Law 25-217 repealed section 3 of D.C. Law 25-124 removing the applicability provision impacting subsections (b) through (h) of this section. Therefore the amendment of this section by section 3 of Law 25-124 has been implemented.

Section 7289 of D.C. Act 25-506 repealed section 3 of D.C. Law 25-124 removing the applicability provision impacting subsections (b) through (h) of this section. Therefore the amendment of this section by section 3 of Law 25-124 has been implemented.

Applicability of D.C. Law 25-124: § 3 of D.C. Law 25-124 provided that the amendments to subsections (b) through (h) of this section by § 2(b) of D.C. Law 25-124 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(d) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7289 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

Delegation of Authority

Delegation of Authority to the Student Access to Treatment Act of 2007, see Mayor’s Order 2008-85, June 11, 2008 ( 55 DCR 9362).