USE OF MEDICATIONS | Policy Manual | Brevard Co. Public Schools

5330 - USE OF MEDICATIONS

The Board shall not be responsible for the diagnosis and treatment of student illness. The administration of prescribed medication and/or medically-prescribed treatments to a student during school hours will be permitted only when failure to do so would jeopardize the health of the student, the student would not be able to attend school if the medication or treatment were not made available during school hours, or if the child is disabled and requires medication to benefit from his/her educational program.

Approval and Use
1. Before any prescribed medication or treatment may be administered to any student during school hours, the Board shall require as follows:
  1. a written prescription from the child's physician accompanied by the written authorization of the parent/legal guardian; and
  2. a written statement from the parent which grants to the principal permission to assist in the administration of such medication and which explains the necessity for the medication to be provided during the school day, including an occasion when the student is away from school property on official school business.
  3. The child’s physician and the parent/legal guardian must also authorize in writing any self-medication by the student. Before any nonprescribed medication or treatment may be administered, the board shall require the prior written consent of the parent/legal guardian along with a waiver of any liability of the District for the administration of the medication. Medication shall not be carried on a student’s person in the school except as approved by the principal. Furthermore, no student is allowed to provide or sell any type of over-the-counter or prescribed medication to another student. Violations of this rule will be considered violations of Policy 5530 - Drug Prevention and Policy 5500 - Student Conduct.
  4. Only medication in its original container; labeled with the date, if a prescription; the student’s name, exact dosage, time, and/or other special circumstances under which the medication is to be administered will be accepted.
  5. A student may possess and use a medication to relieve headaches while on school property or at a school-sponsored event/activity without a physician's note or prescription if the medication is regulated by the United States Food and Drug Administration for over-the-counter use to treat headaches.
Storage
1. The principal will designate person(s) to be responsible for accepting, counting, and administering the medication. The designated person(s) will complete a medication log for each student when medication is administered. Medication will be counted and stored properly in the original container under lock and key in a location designated by the principal. Proper disposal of unused medication shall be the responsibility of the principal.
2. With written consent from the healthcare provider and parent, a student with diabetes shall be allowed to carry and self-administer medication, supplies, and equipment based on the student's diabetes medical management plan.
Administration of Medication
1. For all types of medication, except those identified below, the principal or appropriately trained designee shall assist the student in the administration of the medication. Parents may administer medication or treatment.The Board shall permit the administration by a licensed nurse of any medication requiring intravenous or intramuscular injection or the insertion of a device into the body when both the medication and the procedure are prescribed by a physician and the staff member has completed any necessary training.
2. Nonmedical assistive personnel shall be allowed to perform health-related services upon successful completion of child-specific training by a registered nurse or advanced practice registered nurse licensed under F.S. Chapter 464, a physician licensed pursuant to F.S. Chapters 458 or 459, or a physician assistant licensed pursuant to F.S. Chapters 458 or 459. All procedures shall be monitored periodically by a nurse, advanced practice registered nurse, physician assistant, or physician, including, but not limited to:
  1. intermittent clean catheterization.
  2. gastrostomy tube feeding.
  3. monitoring blood glucose.
  4. administering emergency injectable medication.
3. For all other invasive medical services not listed in this subsection, a registered nurse or advanced practice registered nurse licensed under F.S Chapter 464, a physician licensed pursuant to F.S. Chapters 458 or 459, or a physician assistant licensed pursuant to F.S. Chapters 458 or 459 shall determine if nonmedical District personnel shall be allowed to perform such service.
4. Students who may require administration of an emergency medication may have such medication, identified as aforenoted, stored under lock and key in the clinic/school office and administered in accordance with this policy.
5. In-service programs directed by the school principal, designee, and the District's Public Health Nurse(s) will be conducted for those authorized to administer medication.
6. 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 function may result in suspension, expulsion, and/or referral to the proper law enforcement agencies, in accordance with Policy 5500 – Student Conduct.
7. A public school teacher and School District personnel may share school-based observations of a student's academic, functional, and behavioral performance with the student's parent/legal guardian and offer program options and other assistance that is available to the parent/legal guardian and the student based on the observations. A public school teacher and School District personnel may not, however, compel or attempt to compel any specific actions by the parent/legal guardian or require that a student take psychotropic medication. Any medical decision made to address a student's needs is a matter between the student, the student's parent/legal guardian, and a competent health care professional chosen by the parent/legal guardian.
8. The School District and its employees are not liable for damages as a result of any injury arising from a student’s self-administration of prescribed medications or supplements and/or the use of medical devices associated with these medications.
Assignment of Certain Staff at Schools with Enrolled Students with Diabetes

Each school in the District that has a student enrolled with diabetes shall have a licensed nurse or trained school personnel (i.e., unlicensed assistive personnel) assigned to the school. These individuals must be appropriately trained to provide the necessary diabetes care throughout the school day and during school-sponsored activities.
Medical Marijuana
1. For purposes of this section of this policy, the following definitions and provisions shall apply:
  1. “Student” means an individual enrolled in a District public school, Pre-K, K through Grade 12, who is subject to compulsory school attendance, as well as students with disabilities who are eighteen (18) through twenty-one (21) years of age.
  2. “Qualified patient” means a student who holds a valid qualified patient identification card, designating the student as a “qualified patient”, issued by the State of Florida for the use of medical marijuana and for whom the administration of medical marijuana cannot be accomplished outside of school hours. For the purpose of this policy, “qualified patient” applies only to students and does not apply to employees.
  3. “Registered caregiver” means the qualified patient’s registered caregiver that is identified by his/her medical marijuana use registry identification card issued by the State of Florida. Any registered caregiver seeking access to school or District property for purposes of the policy must comply with the Board’s policy and/or procedures concerning visitors to schools and all other applicable policies. The District’s health nurses and/or other administrative staff and employees are not permitted to handle, administer, or store medical marijuana.
  4. “Designated location” means a location identified in writing by the school administration in its sole discretion. The location of administration of a permissible form of medical marijuana to a qualified patient by the registered caregiver may not create risk of disruption to the educational environment or exposure to other students.
  5. “Qualified physician” means an individual who holds an active, unrestricted license as an allopathic physician under F.S. Chapter 458 or as an osteopathic physician under F.S. Chapter 459 and is in compliance with the physician education requirements set forth in F.S. 381.986(3).
  6. “Permissible forms of medical marijuana” means non-smokable products such as oils, tinctures, edible products, or lotions that can be administered and fully ingested or absorbed in a short period of time.
  7. “Marijuana” means all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified student/patient.
  8. “Prohibited forms of medical marijuana/cannabinoid products” means smokable vapors, patches, and any other forms of administration that provide continuous delivery of medical marijuana to a qualified patient while at school shall not be permissible.
  9. In light of an amendment to the Florida Constitution, including but not limited to F.S. 1006.062, the Board will permit the administration of permissible forms of medical marijuana to qualified patients when administration cannot be reasonably accomplished outside of school hours and on property owned or operated by the Board and will not present a disruption to school operations.
  10. If the Federal government indicates that the District’s Federal funds are jeopardized by this policy, the Board declares that this policy shall be suspended immediately and that the administration of any form of medical marijuana to qualified patients on property owned or operated by the Board shall not be permitted. The District shall post a notice of such policy suspension and prohibition in a conspicuous place on its website.
  11. Administration of medical marijuana products by a registered caregiver to a qualified patient shall be in accordance with this policy and its administrative procedures.
  12. Medical marijuana shall not be administered to a qualified patient while aboard a school bus.
  13. This policy conveys no right to any student or to the student’s parent/legal guardian, a registered caregiver, or other caregiver to demand access to any general or particular location on school or District property, a school bus, or at a school-sponsored event to administer medical marijuana.

Revised 1/17/06
Revised 4/26/11
Revised 7/22/14
Revised 9/10/19
Revised 3/12/24