22.1-274 - School health services. - Virginia Statutes

§ 22.1-274. School health services.

A. A school board shall provide pupil personnel and support services, incompliance with § 22.1-253.13:2. A school board may employ school nurses,physicians, physical therapists, occupational therapists and speechtherapists. No such personnel shall be employed unless they meet suchstandards as may be determined by the Board of Education. Subject to theapproval of the appropriate local governing body, a local health departmentmay provide personnel for health services for the school division.

B. In implementing subsection O of § 22.1-253.13:2, relating to providingsupport services which are necessary for the efficient and cost-effectiveoperation and maintenance of its public schools, each school board may striveto employ, or contract with local health departments for, nursing servicesconsistent with a ratio of at least one nurse (i) per 2,500 students by July1, 1996; (ii) per 2,000 students by July 1, 1997; (iii) per 1,500 students byJuly 1, 1998; and (iv) per 1,000 students by July 1, 1999. In those schooldivisions in which there are more than 1,000 students in average dailymembership in school buildings, this section shall not be construed toencourage the employment of more than one nurse per school building. Further,this section shall not be construed to mandate the aspired-to ratios.

C. The Board of Education shall monitor the progress in achieving the ratiosset forth in subsection B of this section and any subsequent increase inprevailing statewide costs, and the mechanism for funding health services,pursuant to subsection O of § 22.1-253.13:2 and the appropriation act. TheBoard shall also determine how school health funds are used and school healthservices are delivered in each locality and shall provide, by December 1,1994, a detailed analysis of school health expenditures to the HouseCommittee on Education, the House Committee on Appropriations, the SenateCommittee on Education and Health, and the Senate Committee on Finance.

D. With the exception of school administrative personnel and persons employedby school boards who have the specific duty to deliver health-relatedservices, no licensed instructional employee, instructional aide, or clericalemployee shall be disciplined, placed on probation or dismissed on the basisof such employee's refusal to (i) perform nonemergency health-relatedservices for students or (ii) obtain training in the administration ofinsulin and glucagon. However, instructional aides and clerical employees maynot refuse to dispense oral medications.

For the purposes of this subsection, "health-related services" means thoseactivities which, when performed in a health care facility, must be deliveredby or under the supervision of a licensed or certified professional.

E. Each school board shall ensure that, in school buildings with aninstructional and administrative staff of ten or more, (i) at least twoemployees have current certification in cardiopulmonary resuscitation or havereceived training, within the last two years, in emergency first aid andcardiopulmonary resuscitation and (ii) if one or more students diagnosed ashaving diabetes attend such school, at least two employees have been trainedin the administration of insulin and glucagon. In school buildings with aninstructional and administrative staff of fewer than ten, school boards shallensure that (i) at least one employee has current certification incardiopulmonary resuscitation or has received training, within the last twoyears, in emergency first aid and cardiopulmonary resuscitation and (ii) ifone or more students diagnosed as having diabetes attend such school, atleast one employee has been trained in the administration of insulin andglucagon. "Employee" shall include any person employed by a local healthdepartment who is assigned to the public school pursuant to an agreementbetween the local health department and the school board. When a registerednurse, nurse practitioner, physician or physician assistant is present, noemployee who is not a registered nurse, nurse practitioner, physician orphysician assistant shall assist with the administration of insulin oradminister glucagon. Prescriber authorization and parental consent shall beobtained for any employee who is not a registered nurse, nurse practitioner,physician or physician assistant to assist with the administration of insulinand administer glucagon.

(Code 1950, § 22-241; 1956, c. 656; 1980, c. 559; 1990, c. 797; 1991, c. 295;1994, c. 712; 1997, c. 597; 1998, c. 871; 1999, cc. 570, 757.)