5330 - PROCEDURES FOR THE ADMINISTRATION OF MEDICAL MARIJUANA BY A REGISTERED CAREGIVER TO A QUALIFIED PATIENT ON PROPERTY OWNED OR OPERATED BY THE BOARD

1. Authorization
   
   A parent/legal guardian of a qualified patient must submit a completed Form 5330 F1 - Authorization for Use of Medical Marijuana for Qualified Patient During School Hours to the principal or designee at the beginning of each school year. This form must be completed by a qualified physician for any and all medical marijuana that a registered caregiver will be administering to a qualified patient during the school day.
2. Administration of Medical Marijuana at School
    
   1. These procedures apply only to a student who is a qualified patient as the term is defined in F.S. 381.986 and Policy 5330 - Use of Medications.
   2. The principal or designee shall prepare an Individual Health Care Plan (IHCP), with input from the qualified patient, registered caregiver, and appropriate school personnel. The IHCP will identify the form, designated location(s), and any protocol regarding administration by the registered caregiver of a permissible form of medical marijuana to the qualified patient. The school administrator, the school nurse liaison or supervisor, the qualified patient (if capable), the qualified patient’s parent/legal guardian, and the registered caregiver (if applicable) shall sign the written IHCP.
   3. Board employees, school-level nurses, and/or health care personnel or school staff are not allowed to administer, store, hold, or transport medical marijuana in any form, and it shall not be stored on any property owned or operated by the Board at any time.
   4. A registered caregiver, as the term is defined in F.S. 381.986 and Policy 5330 - Use of Medications, may only administer medical marijuana to a qualified patient during the school day when the administration cannot be reasonably accomplished outside of school hours and when such administration will not present a disruption to school operations. The registered caregiver shall be responsible for safely administering and transporting the medication to and from school each day.
   5. The principal or designee may determine, at his/her sole discretion, the location of administration of a permissible form of medical marijuana that does not create risk of disruption to the educational environment or exposure to other students.
3. Request by Parent/Legal Guardian for Authorization for the Use of Medical Marijuana to Be Administered at School; Responsibilities of Parent/Legal Guardian and Registered Caregiver
    
   1. A registered caregiver should administer medical marijuana at home whenever possible to a qualified patient who requires the use of medical marijuana for a medical condition. The Board allows for the administration of medications, including medical marijuana, on property owned or operated by the Board when the administration cannot be accomplished outside of school hours.
   2. The parent/legal guardian requesting the administration of medical marijuana by a registered caregiver to the qualified patient at school must submit a request to the school principal or designee utilizing the Form 5330F1 - Authorization for Use of Medical Marijuana for Qualified Patient During School Hours, completed by a qualified physician and signed by the parent/legal guardian when administration cannot be reasonably accomplished outside of school hours and will not present a disruption to school operations, acknowledging that the registered caregiver will be administering the medical marijuana.
   3. The parent/legal guardian will ensure the physician’s name on Form 5330 F1 - Authorization for Use of Medical Marijuana for Qualified Patient During School Hours matches the name on the Department of Health’s Registry Identification Card for the qualified patient.
   4. The parent/legal guardian must present the school principal or designee with original, valid Department of Health Registry Identification Cards for both the qualified patient and the registered caregiver, along with a valid form of picture identification (ID) for the registered caregiver.
   5. The parent/legal guardian must submit the form to the school principal or designee each school year and must update the form when there are any changes to the medication and/or to the type of preparation (i.e., oils, tablet, etc.).
   6. The completed form shall include the approved type, amount, time to be administered, possible side effects, and any special instructions regarding the medication.
   7. A written statement signed by the qualified patient’s parent/legal guardian must be on file, assuming all responsibility for ensuring the registered caregiver is qualified to perform the task; assuming all responsibility for the administration, maintenance, and use under state and federal law; and releasing the Board from liability for any injury arising out of the administration of medical marijuana on property owned or operated by the Board.
   8. Any parent/legal guardian and/or registered caregiver seeking access to Board property for purposes of this policy must comply with Board policies and/or procedures concerning visitors to schools, including checking in through the school’s front office.
   9. The qualified patient’s registered caregiver shall be responsible for the administration of the permissible form of medical marijuana to the qualified patient only in the location designated by the school principal or designee. The registered caregiver shall be responsible for safely administering and transporting the medication to and from school each day.
4. Responsibilities of School District and School-Level Administrators
    
   1. Upon review and approval of the documentation submitted by the parent/legal guardian, the school principal or designee shall:
       
      1. Schedule an IHCP meeting with the parent/legal guardian at a mutually agreeable date/time
      2. Coordinate the development of the written IHCP for medical marijuana use at school. This plan shall include the following information:
          
         1. The specific location and time(s) where the registered caregiver shall report to administer the medical marijuana; and
         2. The registered caregiver must coordinate with the school principal or designee regarding the administration of medical marijuana to the qualified patient.
      3. Provide the parent/legal guardian with a copy of this policy, administrative procedures, and review the implementation plan for medical marijuana use at school with a parent/legal guardian.
      4. Report to the Department of Student Services any incidence in which a qualified patient, a parent/legal guardian, and/or a registered caregiver dispenses substances other than the permissible forms of medical marijuana cannabis as specified on Form 5330 F1 - Authorization for Use of Medical Marijuana for Qualified Patient During School Hours, and take any applicable action in accordance with the Code of Student Conduct.
   2. The school principal or designee may consult with the Department of Student Services as needed.
   3. The District’s health nurses and/or other administrative staff and employees are not permitted to handle, administer, or store medical marijuana.
5. Consequences of Violation of Policy and/or Procedures
    
   1. Permission to administer medical marijuana to a qualified patient by a registered caregiver may be limited or revoked by the school principal or another school administrator if the qualified patient and/or the registered caregiver violates Policy 5330 and/or demonstrates an inability to responsibly follow these administrative procedures.
   2. At no time shall the qualified patient have the medical marijuana in his/her possession except during the administration process, through dispensation by the registered caregiver, in accordance with the District’s IHCP.
   3. Consequences for the sale, attempted sale, transmittal of any medical marijuana/low THC cannabis products or low THC cannabis, or substances held out and represented to be medical marijuana/low THC cannabis, will result in disciplinary actions as outlined in the Code of Student Conduct.
   4. Misuse or abuse of any medically necessary emergency medications or devices that may cause a threat to the safety of others or cause a disruption while on school property or in attendance at a school-sponsored event may result in suspension, expulsion, and/or referral to the proper law enforcement agencies in accordance with Policy 5500 – Student Conduct.
   5. Dispensation by a registered caregiver of medical marijuana to a qualified patient or to any other individual in any form or quantity other than specified on Form 5330 F1 - Authorization for Use of Medical Marijuana for Qualified Patient During School Hours will be treated as a violation of Policy 5330 - Use of Medications and will be referred to the proper law enforcement agency.

Revised 10/10/19

© Brevard County Public Schools 2019