You asked for information on the use of the term “nursing assistant” in sHB 5429, which was referred to the Public Health Committee.

BACKGROUND

sHB 5429, “An Act Concerning Administration of Medication in Schools and Repealing an Obsolete Section of the Statutes,” received a joint favorable report from the Education Committee on March 12, 2004. The bill was referred by the House to the Public Health Committee on April 6, 2004.

This bill adds “nursing assistants” to the list of individuals who can administer medication to students and gives them immunity from liability for their negligent acts or omissions in the course of doing so. It also makes statutory the requirement that school boards adopt written policies and procedures for the administration of medication in schools and changes the approving authority for such policies and procedures from the Department of Public Health (DPH) to the local school medical advisor or other qualified physician.

MEDICAL ASSISTANT

State law does not use or recognize the term “nursing assistant. ” There is no current state certification or licensure of a nursing assistant. The law does require registered nurses (RNs), licensed practical nurses (LPNs) and advanced practice registered nurses (APRNs) to be licensed by DPH (see Chapter 378, § 20-87 et seq. of the General Statutes). The department maintains a registry of nurse’s aides (Chapter 378a, § 20-102aa et seq. ).

Generally, the term “nursing assistant” refers to a health personnel involved in direct care giving. These individuals are often classified as certified nursing assistants (CNAs), home health aides, personal care assistants, nurse’s aides, patient care technicians, and other titles, depending on the work environment and the region of the country. (Certification requirements would depend on the particularly jurisdiction. ) These health care workers can be found in nursing homes, hospitals, adult day care centers, assisted living facilities, and personal homes. CNAs are the individuals who, for the most part, perform the most basic needs for patients, young and old. They work under the supervision of a nurse and often provide information on a patient’s condition to the nurse.

CNA training programs can be found in community colleges, through the Red Cross, and through medical facilities themselves.

PUBLIC ACT 03-211

This act, which originated in the Public Health Committee in the 2003 session, expands the types of school personnel who can administer medication to students under specified circumstances. Specifically, it allows a school nurse supervisor and school medical advisor jointly to approve a plan for a specific school paraprofessional to give medication, including medication administered with a cartridge injector, to a particular student who has a diagnosed allergy that may require prompt treatment to avoid serious harm or death.

The act also allows a licensed physical or occupational therapist employed by the school district, in the absence of the school nurse and under the nurse’s general supervision, to give a student medicine according to the (1) written order of a licensed physician, dentist, APRN,

or physician assistant and (2) written authorization by the student’s parent or guardian. This act added these therapists to the following school personnel who could already give medicine under these circumstances: any licensed nurse, the principal, any teacher, or an intramural or interscholastic athletic coach.

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