School Attendance

ORS 339.871
Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication


(1)

A school administrator, school nurse, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of a student’s self-administration of medication, as described in ORS 339.866 (Self-administration of medication by students), if the school administrator, school nurse, teacher or other school employee, in compliance with the instructions of the student’s Oregon licensed health care professional, in good faith assists the student’s self-administration of the medication, if the medication is available to the student pursuant to written permission and instructions of the student’s parent, guardian or Oregon licensed health care professional.

(2)

A school administrator, school nurse, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of the use of medication if the school administrator, school nurse, teacher or other school employee in good faith administers:

(a)

Autoinjectable epinephrine to a student or other individual with a severe allergy who is unable to self-administer the medication, regardless of whether the student or individual has a prescription for epinephrine; or

(b)

Naloxone or any similar medication that is in any form available for safe administration and that is designed to rapidly reverse an overdose of an opioid drug to a student or other individual who the school administrator, school nurse, teacher or other school employee believes in good faith is experiencing an overdose of an opioid drug.

(3)

A school district and the members of a school district board are not liable in a criminal action or for civil damages as a result of the use of medication if:

(a)

Any person in good faith administers autoinjectable epinephrine to a student or other individual with a severe allergy who is unable to self-administer the medication, regardless of whether the student or individual has a prescription for epinephrine; and

(b)

The person administered the autoinjectable epinephrine on school premises, including at a school, on school property under the jurisdiction of the district or at an activity under the jurisdiction of the school district.

(4)

A school district and the members of a school district board are not liable in a criminal action or for civil damages as a result of the use of medication if:

(a)

Any person in good faith administers naloxone or any similar medication that is in any form available for safe administration and that is designed to rapidly reverse an overdose of an opioid drug to a student or other individual who the person believes in good faith is experiencing an overdose of an opioid drug; and

(b)

The person administered the naloxone or similar medication on school premises, including at a school, on school property under the jurisdiction of the district or at an activity under the jurisdiction of the school district.

(5)

The civil and criminal immunities imposed by this section do not apply to an act or omission amounting to gross negligence or willful and wanton misconduct. [2007 c.830 §2; 2013 c.318 §2; 2013 c.486 §9; 2019 c.375 §3]

Source

Last accessed
Jun. 26, 2021