Could a Louisiana school require written parent notice before giving emergency epinephrine to a student?

Plain-English summary

In 2013, the Louisiana Attorney General found that a sentence in East Baton Rouge Parish School System's medication policy conflicted with La. R.S. 17:436.1 K. The law required a policy authorizing a school nurse or trained employee to give auto-injectable epinephrine to a student whom they, in good faith, professionally believed was having an anaphylactic reaction. The student did not need an epinephrine prescription.

The handbook repeated that authority, then said parents must notify the teacher and principal in writing about an allergy or similar risk “in order to allow administration.” The AG read that sentence as a condition on giving the medication, which the statute did not allow. The school system reported that its staff had been trained to follow the statute without requiring advance notice, but the AG still found the handbook's written policy noncompliant.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did a parent have to notify the school in writing before emergency epinephrine could be given?

No. The AG said the school's written policy could not make administration depend on advance parent notice when the nurse or trained employee held the professional belief required by the statute.

Did the student need their own epinephrine prescription?

No. The statute quoted by the AG authorized administration whether or not the student had a prescription for epinephrine.

Why did the opinion discuss written notice from parents at all?

The statute also required schools to disclose the epinephrine policy to a parent or guardian who notified the school in writing of the student's allergy or other anaphylaxis risk. The AG did not read that disclosure provision as a condition on administering medication.

Was the school's reported practice enough to make its handbook compliant?

No. The school system told the AG that staff had been trained not to require prior written notice. The AG nevertheless found the handbook's language inconsistent with the statute.

Background and statutory framework

Senator J. P. Morrell asked whether Section Twenty-Three of the school system's 2013-14 handbook conformed to La. R.S. 17:436.1 K. The opinion compared the statute's authorization and policy-disclosure requirements with the handbook's medication paragraph and the notice sentence immediately following it. The AG concluded that the handbook imposed a condition the statute did not give schools discretion to add.

Citations

• La. R.S. 17:436.1 K (epinephrine authority and policy-disclosure provisions quoted in the opinion).
• Act 624 of 2012 (identified by the opinion as the enactment of Subpart K).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0152

Original opinion text

~tat£ of 1fiouifliana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL

NOV 1 9 2013
OPINION 13-0152

94 - SCHOOLS & SCHOOL DISTRICTS. -
Administration,
Government and Officers

Honorable J. P. Morrell
La. R.S. 17:436.1 K
State Senator, District 3
Addresses the requirement that the governing authority of each public
Suite 405
elementary and secondary school adopt a policy authorizing a school
6305 Elysian Fields Avenue nurse or trained school employee to administer auto-injectable
New Orleans, LA 70122
epinephrine to a student under certain circumstances whether or not
the student has a epinephrine prescription.

Dear Senator Morrell:

We are in receipt of your request for an opinion from our office on questions relating to certain provisions in Section Twenty-Three of the 2013-14 Student Rights and Responsibilities Handbook and Discipline Policy ('the Handbook") published by the East Baton Rouge Parish School System on August 12, 2013.

Specifically, you ask whether Section Twenty-Three of the Handbook (Medication Policy) is in conformity with the provisions of La. R.S. 17:436.1 K.

La. R.S. 17:436.1 governs the administration of medications to students in public elementary and secondary schools. Subpart K was enacted by the legislature in 2012 1 to require, in pertinent part, that: .

Notwithstanding any provision of law or any rule, regulation, or policy to the contrary, the governing authority of each public elementary and secondary school shall adopt a policy authorizing a school nurse or trained school employee to administer auto-injectable epinephrine... to a student who the school nurse or trained school employee, in good faith, professionally believes is having an anaphylactic reaction, whether or not such student has a prescription for epinephrine.

La. R.S. 17:436.1 K (1).

Further, Subpart K (3) requires that:

Each school shall include the policy required by this Subsection in its student handbook and post such policy on the school's website, if it has one. Such policy shall also be disclosed to any parent of other legal

1 Act 624, §1, eft. June 7,2012.

Page 2

Honorable J.P. Morrell
OPINION 13-0152
Page 2

guardian who notifies the school in which the student is enrolled, in writing, that the student has an allergy or other condition which puts him at risk of anaphylaxis.

La. R.S. 17:436.1 K (3).

The Handbook published by the East Baton Rouge Parish School System on August 12, 2013, incorporated the requirements of La. R.S. 17:436.1 K (1) and (3) as stated in the law through the following provision:

SECTION TWENTY-THREE - MEDICATION POLICY

(8) Pursuant to Act 624 of 2012, this is notice that the school nurse or a trained school employee is authorized to administer auto-injectable epinephrine, as defined in La. R.S. 17:436.1 (J)(4)(a) to a student who the school nurse or trained school employee; [sic] in good faith, professionally believes a student is having an anaphylactic reaction, whether or not such student has a prescription for epinephrine. The administration of an auto­ injectable epinephrine to respond to a student's anaphylactic reaction may be under a standing protocol from a physician licensed to practice medicine in the state.

East Baton Rouge Parish School System Student Rights and Responsibilities Handbook and Disciplinary Policy, 2013-2014, p. 47.

This language tracks the law as written. However, immediately after the above provision, the Handbook contains the statement: "Parents must notify the student's teacher and principal, in writing, that the student has an allergy or other condition which puts the student at risk of anaphylaxis in order to allow administration as stated above." Id. (Emphasis added). The Handbook, including the provisions quoted above, is also posted on the East Baton Rouge Parish School System's website. 2

A plain reading of the statement that follows subpart (8) in the Handbook can only be interpreted to mean that the quoted statement modifies subpart (8) to permit the administration of auto-injectable epinephrine only if a student's parent has provided written notification of a student's risk of anaphylaxis to the student's teacher and principal. However, the law does not give schools the discretion to make the authority granted in La. R.S. 17:436.1 K conditional on parental notice. Rather, it expressly provides that the authority is granted "notwithstanding any provision of law or any rule, regulation, or policy to the contrary." Therefore, we believe that Section Twenty-Three, paragraph (8) and the statement following it of the Handbook are not in conformity with the law.

2 http://www.ebrschools.org/explore.cfm/schoolinfo/studenthandbookl, (last visited October 18, 2013).

Page 3

Honorable J.P. Morrell
OPINION 13-0152
Page 3

We are advised by the school system that in actual practice, the law is being followed as written. The school system reports that it has conducted training for its personnel and has communicated to its personnel that prior written parental notice is not required for the administration of auto-injectable epinephrine under the circumstances set forth in La. R.S. 17:436.1 K. Nonetheless, we believe that the plain language of the Handbook as written does not comply with the requirements of La. R.S. 17:436.1 K.

We hope that this opinion has addressed the issue that you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

BY:

JDC:PHW