Chapter 143 Oregon Laws 2001
AN ACT
HB 2682
Relating to administration
of medication to students; creating new provisions; amending ORS 339.870; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 339.870 is amended to read:
339.870. (1) A school administrator, 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 administration of
nonprescription medication, if the school administrator, teacher or other
school employee[:]
[(a) Is trained in
administering nonprescription medication; and]
[(b)] in good
faith administers nonprescription medication to a pupil pursuant to written
permission and instructions of the pupil’s parents or guardian.
(2) A school administrator, 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 administration of prescription
medication, if the school administrator, teacher or other school employee[:]
[(a) Is trained in
administering prescription medication; and]
[(b)] in
compliance with the instructions of a physician, physician assistant or nurse
practitioner, in good faith administers prescription medication to a pupil
pursuant to written permission and instructions of the pupil’s parents or
guardian.
(3) The civil and criminal immunities imposed by
subsections (1) and (2) of this section do not apply to an act or omission
amounting to gross negligence or willful and wanton misconduct.
SECTION 2.
The amendments to ORS 339.870 by section
1 of this 2001 Act apply only to civil and criminal actions commenced on or
after July 1, 1998.
SECTION 3.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect on its passage.
Approved by the Governor May
16, 2001
Filed in the office of
Secretary of State May 16, 2001
Effective date May 16, 2001
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