71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2545
 
                         House Bill 2682
 
Sponsored by Representative BACKLUND; Representatives BARNHART,
  CARLSON, GARDNER, HASS, HILL, HOPSON, JENSON, KAFOURY, KROPF,
  KRUSE, LOWE, MONNES ANDERSON, MORRISETTE, ROSENBAUM, SCHRADER,
  SHETTERLY, SIMMONS, TOMEI, WILSON, WINTERS, WIRTH, Senators
  BURDICK, CASTILLO, CORCORAN, COURTNEY, DUKES, DUNCAN, FERRIOLI,
  FISHER, GORDLY, TROW
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Expands civil and criminal immunity for school personnel who
administer medication to students.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
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. + }
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