§ 110-102.1A. Unauthorized administration of medication. - North Carolina Statutes

§ 110‑102.1A.  Unauthorized administration ofmedication.

(a)        It is unlawful for an employee, owner, household member,volunteer, or operator of a licensed or unlicensed child care facility asdefined in G.S. 110‑86, including child care facilities operated bypublic schools and nonpublic schools as defined in G.S. 110‑86(2)(f), towillfully administer, without written authorization, prescription or over‑the‑countermedication to a child attending the child care facility. For the purposes ofthis section, written authorization shall include the child's name, date ordates for which the authorization is applicable, dosage instructions, andsignature of the child's parent or guardian. For the purposes of this section,a child care facility operated by a public school does not include kindergartenthrough twelfth grade classes.

(b)        In the event of an emergency medical condition and thechild's parent or guardian is unavailable, it shall not be unlawful toadminister medication to a child attending the child care facility withoutwritten authorization as required under subsection (a) of this section if themedication is administered with the authorization and in accordance withinstructions from a bona fide medical care provider. For purposes of thissubsection, the following definitions apply:

(1)        A bona fide medical care provider means an individual who islicensed, certified, or otherwise authorized to prescribe the medication.

(2)        An emergency medical condition means circumstances where aprudent layperson acting reasonably would have believed that an emergencymedical condition existed.

(c)        A violation of this section that results in serious injuryto the child shall be punished as a Class F felony.

(d)        Any other violation of this section where medication is administeredwillfully shall be punished as a Class A1 misdemeanor. (2003‑406, s. 2.)