W. Va. Code R. § 126-27-10
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-27-10 - Emergency Medication10.1. The West Virginia Board of Examiners for Registered Professional Nurses and WV Code allow for the delegation of certain prescribed emergency medication. According to the BSHCP manual, there are emergency medications that can only be administered by licensed nurses such as intranasal midazolam, and naloxone. The following emergency medications have been approved for school nurses to decide the ability to delegate, train and continuously supervise school personnel to administer when a diagnosis and order are in place and the school nurse or licensed practical nurse is not available to provide such care: 10.1.c. Rectal diazepam (i.e. Valium) can only be delegated to unlicensed school personnel if ordered by the student's physician and the certified school nurse provides the final determination to allow delegation;10.1.d. Albuterol or other emergency asthma medication.10.2. A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of epinephrine auto injectors for use in emergency medical care or treatment for an anaphylactic reaction. Each county board of education may also develop a policy for stock epinephrine during secondary activity/extracurricular events outside of the school day. A prior diagnosis for a student or school personnel requiring the use of epinephrine auto injectors is not necessary to permit the school to stock epinephrine auto injectors.10.3. Epinephrine auto injectors shall be maintained by the school in a secured, unlocked location which is only accessible by school nurses, health care providers and authorized nonmedical personnel and not by students.10.4. An allopathic physician licensed to practice pursuant to the provisions of article three, chapter thirty of this code or an osteopathic physician licensed to practice pursuant to the provisions of article fourteen, chapter thirty of this code may prescribe within the course of his or her professional practice standing orders and protocols for use when necessary by a school which wishes to maintain epinephrine auto-injector pursuant to the provisions of this section.10.5. School nurses are authorized to administer an epinephrine auto injector to a student or school personnel during regular school hours or at a school function when the school nurse medically believes the individual is experiencing an anaphylactic reaction. A school nurse may also use the school supply of epinephrine auto injectors for a student or school personnel authorized to self-administer that meet the requirements of a prescription on file with the school.10.6. Designated qualified school personnel who have been trained in the administration of an epinephrine auto injector by the school nurse and who have been designated and authorized by the school to administer the epinephrine auto injector to a student or school personnel during regular school-related events when the authorized and designated nonmedical school personnel reasonably believes, based upon their training, that the individual is experiencing an anaphylactic reaction. Designated qualified school personnel may also use the school supply of epinephrine auto injectors for a student or school personnel authorized to self-administer that meet the requirements of a prescription on file with the school.10.7. The parent/guardian of a student who was administered a school maintained epinephrine auto injection shall be provided with a comprehensive notification immediately. The comprehensive notification should include date and the approximate time the incident occurred, symptoms observed, who administered the injection, the rational for administering the injection, the response to the epinephrine administration, the dose of epinephrine administered, the current location of the student and any other necessary elements to make the students' parents fully aware of the circumstances surrounding the administration of the injection.10.8. A school nurse or designated qualified school person who administers an epinephrine auto injection to a student or to school personnel as provided in this section is immune from liability for any civil action arising out of an act or omission resulting from the administration of the epinephrine auto injection unless the act or omission was the result of the school nurse or trained and authorized nonmedical school personnel's gross negligence or willful misconduct.10.9. The county board of education will provide training on anaphylaxis and allergy awareness for food service workers and others in the school system, if easily available locally. 10.10. W. Va. Code § 16-46-1 allows county boards of education the option to adopt stock naloxone policies under a standing order by a licensed prescriber with specific protocols for administration by certified school nurse RN and other licensed nurses working in the school (RN and LPN). County boards of education must follow the protocols/standards set forth by WVDHHR. Stock naloxone may not be delegated to unlicensed school personnel.10.11. All licensed prescribers who prescribe an opioid antagonist to a school or county shall provide educational materials to the certified school nurse RN and other licensed nurses working in the school on opiate-related overdose prevention and treatment programs, as well as materials on administering the prescribed opioid antagonist.10.12. Any certified school nurse RN and other licensed nurses working in the school who administers an opioid antagonist to a person whom he or she believes to be suffering from an opioid-related overdose and who is acting in good faith is not, as a result of his or her actions or omissions, subject to criminal prosecution arising from the possession of an opioid antagonist or subject to any civil liability with respect to the administration of or failure to administer the opioid antagonist unless the act or failure to act was the result of gross negligence or willful misconduct.10.13. Any certified school nurse RN and other licensed nurses working in the school who administers an opioid antagonist to a person whom he or she believes to be suffering from an opioid-related overdose is required to seek additional medical treatment at a medical facility for that person immediately following the administration of the opioid antagonist to avoid further complications as a result of suspected opioid-related overdose.10.14. All public schools are required to report each reaction resulting in the administration of epinephrine injections and administration of naloxone in their county. Other medication incidents (e.g., wrong dose, incorrect medication administered, other medication errors) shall also be reported. The incidents will be reported to the West Virginia Poison Center by calling 1-800-222-1222 after emergency medical services have transported the student or staff member to acute care. The notification should include the name of the student, the student's age and gender, date and the approximate time the incident occurred, symptoms observed, who administered the injection, the name of the school the student attends, a contact telephone number, the rational for administering the injection, the response to the epinephrine administration, the dose of epinephrine administered, and any other necessary elements to provide a complete report for the individual situation. The West Virginia Poison Center will provide the data upon request to the public schools, local boards of education and annually to the State Superintendent of Schools.W. Va. Code R. § 126-27-10