title: RCW 28A.210.270

text:
(1) In the event a school employee administers oral medication, topical medication, eye drops, ear drops, or nasal spray to a student pursuant to RCW 28A.210.260 in substantial compliance with the prescription of the student's licensed health professional prescribing within the scope of the professional's prescriptive authority or the written instructions provided pursuant to RCW 28A.210.260(1)(d), and the other conditions set forth in RCW 28A.210.260 have been substantially complied with, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual or marital or governmental or corporate or other capacities as a result of the administration of the medication.
(2) The administration of oral medication, topical medication, eye drops, ear drops, or nasal spray to any student pursuant to RCW 28A.210.260 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their governmental or corporate or individual or marital or other capacities as a result of the discontinuance of such administration: PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student.
[ 2019 c 314 s 42; 2013 c 180 s 2; 2012 c 16 s 2; 2000 c 63 s 2; 1990 c 33 s 208; 1982 c 195 s 2. Formerly RCW 28A.31.155.]
Notes:
Declaration—2019 c 314: See note following RCW 18.22.810.
Severability—1982 c 195: See note following RCW 28A.210.260.

catchline: Public and private schools—Administration of medication—Immunity from liability—Discontinuance, procedure.


doc_type: statute

jurisdiction: wa

title: RCW 28A.210.275

text:
(1) Beginning July 1, 2014, a school district employee not licensed under chapter 18.79 RCW who is asked to administer medications or perform nursing services not previously recognized in law shall at the time he or she is asked to administer the medication or perform the nursing service file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to administer the new medication or nursing service. It is understood that the letter of intent will expire if the conditions of acceptance are substantially changed. If a school employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee is not subject to any employer reprisal or disciplinary action for refusing to file a letter.
(2) In the event a school employee provides the medication or service to a student in substantial compliance with (a) rules adopted by the state board of nursing and the instructions of a registered nurse or *advanced registered nurse practitioner issued under such rules, and (b) written policies of the school district, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof are not liable in any criminal action or for civil damages in his or her individual, marital, governmental, corporate, or other capacity as a result of providing the medication or service.
(3) The board of directors shall designate a professional person licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and *advanced registered nurse practitioners to consult and coordinate with the student's parents and health care provider, and train and supervise the appropriate school district personnel in proper procedures to ensure a safe, therapeutic learning environment. School employees must receive the training provided under this subsection before they are authorized to deliver the service or medication. Such training must be provided, where necessary, on an ongoing basis to ensure that the proper procedures are not forgotten because the services or medication are delivered infrequently.
[ 2025 c 58 s 5043; 2014 c 204 s 2.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
PDF
RCW 28A.210.275
Administration of medications by employees not licensed under chapter 18.79 RCW—Requirements—Immunity from liability. (Effective June 30, 2027.)
(1) Beginning July 1, 2014, a school district employee not licensed under chapter 18.79 RCW who is asked to administer medications or perform nursing services not previously recognized in law shall at the time he or she is asked to administer the medication or perform the nursing service file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to administer the new medication or nursing service. It is understood that the letter of intent will expire if the conditions of acceptance are substantially changed. If a school employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee is not subject to any employer reprisal or disciplinary action for refusing to file a letter.
(2) In the event a school employee provides the medication or service to a student in substantial compliance with (a) rules adopted by the state board of nursing and the instructions of a registered nurse or advanced practice registered nurse issued under such rules, and (b) written policies of the school district, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof are not liable in any criminal action or for civil damages in his or her individual, marital, governmental, corporate, or other capacity as a result of providing the medication or service.
(3) The board of directors shall designate a professional person licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and advanced practice registered nurses to consult and coordinate with the student's parents and health care provider, and train and supervise the appropriate school district personnel in proper procedures to ensure a safe, therapeutic learning environment. School employees must receive the training provided under this subsection before they are authorized to deliver the service or medication. Such training must be provided, where necessary, on an ongoing basis to ensure that the proper procedures are not forgotten because the services or medication are delivered infrequently.
[ 2025 c 58 s 5087; 2014 c 204 s 2.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Administration of medications by employees not licensed under chapter 18.79 RCW—Requirements—Immunity from liability. (Effective until June 30, 2027.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.210.278

text:
(1) Any person, including students, parents, and school personnel, may possess topical sunscreen products to help prevent sunburn while on school property, at a school-related event or activity, or at summer camp. As excepted in RCW 28A.210.260, a sunscreen product may be possessed and applied under this section without the prescription or note of a licensed health care professional if the product is regulated by the United States food and drug administration for over-the-counter use. For student use, a sunscreen product must be supplied by a parent or guardian.
(2) Schools are encouraged to educate students about sun safety guidelines.
(3) Nothing in this section requires school personnel to assist students in applying sunscreen.
(4) As used in this section, "school" means a public school, school district, educational service district, or private school with any of grades kindergarten through twelve.
[ 2017 c 186 s 1.]
Notes:
Application—2017 c 186: "This act does not create any civil liability on the part of the state or any state agency, officer, employee, agent, political subdivision, or school district." [ 2017 c 186 s 3.]
Short title—2017 c 186: "This act may be known and cited as the student sun safety education act." [ 2017 c 186 s 4.]
Effective date—2017 c 186: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 4, 2017]." [ 2017 c 186 s 5.]

catchline: Topical sunscreen products—Sun safety guidelines.


title: RCW 28A.210.280

text:
(1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve must provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290. The catheterization must be provided in substantial compliance with:
(a) Rules adopted by the state board of nursing and the instructions of a registered nurse or *advanced registered nurse practitioner issued under such rules; and
(b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.
(2) School district employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to perform clean, intermittent bladder catheterization as a specific part of their job description, may file a written letter of refusal to perform clean, intermittent bladder catheterization of students. This written letter of refusal may not serve as grounds for discharge, nonrenewal, or other action adversely affecting the employee's contract status.
(3) Any public school district or private school that provides clean, intermittent bladder catheterization shall document the provision of training given to employees who perform these services. These records shall be made available for review at any audit.
[ 2025 c 58 s 5044; 2003 c 172 s 1; 1994 sp.s. c 9 s 721; 1988 c 48 s 2. Formerly RCW 28A.31.160.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
PDF
RCW 28A.210.280
Catheterization of public and private school students. (Effective June 30, 2027.)
(1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve must provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290. The catheterization must be provided in substantial compliance with:
(a) Rules adopted by the state board of nursing and the instructions of a registered nurse or advanced practice registered nurse issued under such rules; and
(b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.
(2) School district employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to perform clean, intermittent bladder catheterization as a specific part of their job description, may file a written letter of refusal to perform clean, intermittent bladder catheterization of students. This written letter of refusal may not serve as grounds for discharge, nonrenewal, or other action adversely affecting the employee's contract status.
(3) Any public school district or private school that provides clean, intermittent bladder catheterization shall document the provision of training given to employees who perform these services. These records shall be made available for review at any audit.
[ 2025 c 58 s 5088; 2003 c 172 s 1; 1994 sp.s. c 9 s 721; 1988 c 48 s 2. Formerly RCW 28A.31.160.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Catheterization of public and private school students. (Effective until June 30, 2027.)


title: RCW 28A.210.290

text:
(1) In the event a school employee provides for the catheterization of a student pursuant to RCW 18.79.290 and 28A.210.280 in substantial compliance with (a) rules adopted by the state board of nursing and the instructions of a registered nurse or *advanced registered nurse practitioner issued under such rules, and (b) written policies of the school district or private school, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization.
(2) Providing for the catheterization of any student pursuant to RCW 18.79.290 and 28A.210.280 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of the discontinuance: PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student: PROVIDED FURTHER, That the public school district otherwise provides for the catheterization of the student to the extent required by federal or state law.
[ 2025 c 58 s 5045; 1994 sp.s. c 9 s 722; 1990 c 33 s 209; 1988 c 48 s 3. Formerly RCW 28A.31.165.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
PDF
RCW 28A.210.290
Catheterization of public and private school students—Immunity from liability. (Effective June 30, 2027.)
(1) In the event a school employee provides for the catheterization of a student pursuant to RCW 18.79.290 and 28A.210.280 in substantial compliance with (a) rules adopted by the state board of nursing and the instructions of a registered nurse or advanced practice registered nurse issued under such rules, and (b) written policies of the school district or private school, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization.
(2) Providing for the catheterization of any student pursuant to RCW 18.79.290 and 28A.210.280 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of the discontinuance: PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student: PROVIDED FURTHER, That the public school district otherwise provides for the catheterization of the student to the extent required by federal or state law.
[ 2025 c 58 s 5089; 1994 sp.s. c 9 s 722; 1990 c 33 s 209; 1988 c 48 s 3. Formerly RCW 28A.31.165.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Catheterization of public and private school students—Immunity from liability. (Effective until June 30, 2027.)


title: RCW 28A.210.300

text:
The board of directors of any school district of the second class may employ a regularly licensed physician or a licensed public health nurse for the purpose of protecting the health of the children in said district.
[ 1975 c 43 s 20; 1969 ex.s. c 223 s 28A.60.320. Prior: 1937 c 60 s 1; RRS s 4776-4. Formerly RCW 28A.60.320, 28.31.080.]
Notes:
Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050.

catchline: School physician or school nurse may be employed.


title: RCW 28A.210.305

text:
(1)(a) A registered nurse or an *advanced registered nurse practitioner licensed under chapter 18.79 RCW working in a school setting is authorized and responsible for the nursing care of students to the extent that the care is within the practice of nursing as defined in this section.
(b) A school administrator may supervise a registered nurse or an *advanced registered nurse practitioner licensed under chapter 18.79 RCW in aspects of employment other than the practice of nursing as defined in this section.
(c) Only a registered nurse or an *advanced registered nurse practitioner licensed under chapter 18.79 RCW may supervise, direct, or evaluate a licensed nurse working in a school setting with respect to the practice of nursing as defined in this section.
(2) Nothing in this section:
(a) Prohibits a nonnurse supervisor from supervising, directing, or evaluating a licensed nurse working in a school setting with respect to matters other than the practice of nursing;
(b) Requires a registered nurse or an *advanced registered nurse practitioner to be clinically supervised in a school setting; or
(c) Prohibits a nonnurse supervisor from conferring with a licensed nurse working in a school setting with respect to the practice of nursing.
(3) Within existing funds, the superintendent of public instruction shall notify each school district in this state of the requirements of this section.
(4) For purposes of this section, "practice of nursing" means:
(a) Registered nursing practice as defined in RCW 18.79.040, **advanced registered nursing practice as defined in RCW 18.79.050, and licensed practical nursing practice as defined in RCW 18.79.060, including, but not limited to:
(i) The administration of medication pursuant to a medication or treatment order; and
(ii) The decision to summon emergency medical assistance; and
(b) Compliance with any state or federal statute or administrative rule specifically regulating licensed nurses, including any statute or rule defining or establishing standards of patient care or professional conduct or practice.
[ 2017 c 84 s 2.]
Notes:
Reviser's note: *(1) The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
**(2) The term "advanced registered nursing practice" was changed to "advanced practice registered nursing" by 2024 c 239 s 3, effective June 30, 2027.
Findings—Intent—2017 c 84: "(1) The legislature finds that:
(a) A registered nurse or an advanced registered nurse practitioner working in a school setting is authorized and responsible for the nursing care of students to the extent that the care is within the practice of nursing. A school administrator may supervise a registered nurse or an advanced registered nurse practitioner in aspects of employment other than the practice of nursing;
(b) Nursing is governed by specific laws and regulations and requires a unique license to practice. Clinical supervision of a nurse is based on knowledge of the laws, regulations, and rules governing nursing practice, nursing practice standards, and nursing performance standards;
(c) Student health needs have changed dramatically over the last twenty years. The number of students with special health care needs has risen exponentially;
(d) School nurses are held accountable through chapter 18.79 RCW and the uniform disciplinary act, chapter 18.130 RCW, for errors in nursing judgment and actions;
(e) Individuals who are not nurses are unqualified to make nursing judgments and assessments;
(f) The independent nature of nursing has been recognized in both statute and rule. For example, under RCW 18.79.040, "registered nursing practice" includes the "administration, supervision, delegation, and evaluation of nursing practice." Furthermore, continuing competency rules recently adopted by the nursing care quality assurance commission recognize and acknowledge the independent nature of nursing; and
(g) The ability of a nurse to practice nursing without the supervision of a nonnurse supervisor is particularly important given the primacy of the nurse-patient relationship.
(2) It is therefore the intent of the legislature to reaffirm the authority of a licensed nurse working in a school setting to practice nursing without the supervision of a person who is not a licensed nurse.
(3) It is not the intent of the legislature to:
(a) Prohibit a nonnurse from supervising a licensed nurse working in a school setting with respect to matters other than the practice of nursing, such as matters of administration, terms and conditions of employment, and employee performance; or
(b) Require a school to provide clinical supervision for a licensed nurse working in a school setting." [ 2017 c 84 s 1.]
PDF
RCW 28A.210.305
Registered nurse or advanced practice registered nurse—Duties relating to nursing care of students—Notice to school districts. (Effective June 30, 2027.)
(1)(a) A registered nurse or an advanced practice registered nurse licensed under chapter 18.79 RCW working in a school setting is authorized and responsible for the nursing care of students to the extent that the care is within the practice of nursing as defined in this section.
(b) A school administrator may supervise a registered nurse or an advanced practice registered nurse licensed under chapter 18.79 RCW in aspects of employment other than the practice of nursing as defined in this section.
(c) Only a registered nurse or an advanced practice registered nurse licensed under chapter 18.79 RCW may supervise, direct, or evaluate a licensed nurse working in a school setting with respect to the practice of nursing as defined in this section.
(2) Nothing in this section:
(a) Prohibits a nonnurse supervisor from supervising, directing, or evaluating a licensed nurse working in a school setting with respect to matters other than the practice of nursing;
(b) Requires a registered nurse or an advanced practice registered nurse to be clinically supervised in a school setting; or
(c) Prohibits a nonnurse supervisor from conferring with a licensed nurse working in a school setting with respect to the practice of nursing.
(3) Within existing funds, the superintendent of public instruction shall notify each school district in this state of the requirements of this section.
(4) For purposes of this section, "practice of nursing" means:
(a) Registered nursing practice as defined in RCW 18.79.040, advanced practice registered nursing as defined in RCW 18.79.050, and licensed practical nursing practice as defined in RCW 18.79.060, including, but not limited to:
(i) The administration of medication pursuant to a medication or treatment order; and
(ii) The decision to summon emergency medical assistance; and
(b) Compliance with any state or federal statute or administrative rule specifically regulating licensed nurses, including any statute or rule defining or establishing standards of patient care or professional conduct or practice.
[ 2025 c 58 s 5090; 2017 c 84 s 2.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Findings—Intent—2017 c 84: "(1) The legislature finds that:
(a) A registered nurse or an advanced registered nurse practitioner working in a school setting is authorized and responsible for the nursing care of students to the extent that the care is within the practice of nursing. A school administrator may supervise a registered nurse or an advanced registered nurse practitioner in aspects of employment other than the practice of nursing;
(b) Nursing is governed by specific laws and regulations and requires a unique license to practice. Clinical supervision of a nurse is based on knowledge of the laws, regulations, and rules governing nursing practice, nursing practice standards, and nursing performance standards;
(c) Student health needs have changed dramatically over the last twenty years. The number of students with special health care needs has risen exponentially;
(d) School nurses are held accountable through chapter 18.79 RCW and the uniform disciplinary act, chapter 18.130 RCW, for errors in nursing judgment and actions;
(e) Individuals who are not nurses are unqualified to make nursing judgments and assessments;
(f) The independent nature of nursing has been recognized in both statute and rule. For example, under RCW 18.79.040, "registered nursing practice" includes the "administration, supervision, delegation, and evaluation of nursing practice." Furthermore, continuing competency rules recently adopted by the nursing care quality assurance commission recognize and acknowledge the independent nature of nursing; and
(g) The ability of a nurse to practice nursing without the supervision of a nonnurse supervisor is particularly important given the primacy of the nurse-patient relationship.
(2) It is therefore the intent of the legislature to reaffirm the authority of a licensed nurse working in a school setting to practice nursing without the supervision of a person who is not a licensed nurse.
(3) It is not the intent of the legislature to:
(a) Prohibit a nonnurse from supervising a licensed nurse working in a school setting with respect to matters other than the practice of nursing, such as matters of administration, terms and conditions of employment, and employee performance; or
(b) Require a school to provide clinical supervision for a licensed nurse working in a school setting." [ 2017 c 84 s 1.]

catchline: Registered nurse or advanced registered nurse practitioner—Duties relating to nursing care of students—Notice to school districts. (Effective until June 30, 2027.)


title: RCW 28A.210.310

text:
(1) To protect children in the public schools of this state from exposure to the addictive substance of nicotine, each school district board of directors shall have a written policy mandating a prohibition on the use of all tobacco products on public school property.
(2) The policy in subsection (1) of this section shall include, but not be limited to, a requirement that students and school personnel be notified of the prohibition, the posting of signs prohibiting the use of tobacco products, sanctions for students and school personnel who violate the policy, and a requirement that school district personnel enforce the prohibition. Enforcement policies adopted in the school board policy shall be in addition to the enforcement provisions in RCW 70.160.070.
[ 1997 c 9 s 1; 1989 c 233 s 6. Formerly RCW 28A.31.170.]
Notes:
Effective date—1997 c 9: "This act takes effect August 1, 1997." [ 1997 c 9 s 2.]

catchline: Prohibition on use of tobacco products on school property.


title: RCW 28A.210.320

text:
(1) The attendance of every child at every public school in the state shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school of a medication or treatment order addressing any life-threatening health condition that the child has that may require medical services to be performed at the school. Once such an order has been presented, the child shall be allowed to attend school.
(2) The chief administrator of every public school shall prohibit the further presence at the school for any and all purposes of each child for whom a medication or treatment order has not been provided in accordance with this section if the child has a life-threatening health condition that may require medical services to be performed at the school and shall continue to prohibit the child's presence until such order has been provided. The exclusion of a child from a school shall be accomplished in accordance with rules of the state board of education. Before excluding a child, each school shall provide written notice to the parents or legal guardians of each child or to the adults in loco parentis to each child, who is not in compliance with the requirements of this section. The notice shall include, but not be limited to, the following: (a) The requirements established by this section; (b) the fact that the child will be prohibited from further attendance at the school unless this section is complied with; and (c) such procedural due process rights as are established pursuant to this section.
(3) The superintendent of public instruction in consultation with the state board of health shall adopt rules under chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of children from public schools under this section. The rules shall include any requirements under applicable federal laws.
(4) As used in this section, "life-threatening condition" means a health condition that will put the child in danger of death during the school day if a medication or treatment order and a nursing plan are not in place.
(5) As used in this section, "medication or treatment order" means the authority a registered nurse obtains under RCW 18.79.260(2).
[ 2006 c 263 s 911; 2002 c 101 s 1.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Children with life-threatening health conditions—Medication or treatment orders—Rules.


title: RCW 28A.210.325

text:
(1) A school district must permit a student who meets the requirements of RCW 69.51A.220 to consume cannabis-infused products for medical purposes on school grounds, aboard a school bus, or while attending a school-sponsored event in accordance with the school district's policy adopted under this section.
(2) Upon the request of a parent or guardian of a student who meets the requirements of RCW 69.51A.220, the board of directors of a school district shall adopt a policy to authorize parents or guardians to administer cannabis-infused products to a student for medical purposes while the student is on school grounds, aboard a school bus, or attending a school-sponsored event. The policy must, at a minimum:
(a) Require that the student be authorized to use cannabis-infused products for medical purposes pursuant to RCW 69.51A.220 and that the parent or guardian acts as the designated provider for the student and assists the student with the consumption of the cannabis while on school grounds, aboard a school bus, or attending a school-sponsored event;
(b) Establish protocols for verifying the student is authorized to use cannabis for medical purposes and the parent or guardian is acting as the designated provider for the student pursuant to RCW 69.51A.220. The school may consider a student's and parent's or guardian's valid recognition cards to be proof of compliance with RCW 69.51A.220;
(c) Expressly authorize parents or guardians of students who have been authorized to use cannabis for medical purposes to administer cannabis-infused products to the student while the student is on school grounds at a location identified pursuant to (d) of this subsection (2), aboard a school bus, or attending a school-sponsored event;
(d) Identify locations on school grounds where cannabis-infused products may be administered; and
(e) Prohibit the administration of medical cannabis to a student by smoking or other methods involving inhalation while the student is on school grounds, aboard a school bus, or attending a school-sponsored event.
(3) School district officials, employees, volunteers, students, and parents and guardians acting in accordance with the school district policy adopted under subsection (2) of this section may not be arrested, prosecuted, or subject to other criminal sanctions, or civil or professional consequences for possession, manufacture, or delivery of, or for possession with intent to manufacture or deliver cannabis under state law, or have real or personal property seized or forfeited for possession, manufacture, or delivery of, or possession with intent to manufacture or deliver cannabis under state law.
(4) For the purposes of this section, "cannabis-infused products" has the meaning provided in RCW 69.50.101.
[ 2022 c 16 s 25; 2019 c 204 s 1.]
Notes:
Intent—Finding—2022 c 16: See note following RCW 69.50.101.

catchline: Medical use of cannabis-infused products—Administration by parent or guardian—School districts to develop policies.


title: RCW 28A.210.330

text:
(1) School districts shall provide individual health plans for students with diabetes, subject to the following conditions:
(a) The board of directors of the school district shall adopt policies to be followed for students with diabetes. The policies shall include, but need not be limited to:
(i) The acquisition of parent requests and instructions;
(ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive authority for monitoring and treatment at school;
(iii) The provision for storage of medical equipment and medication provided by the parent;
(iv) The provision for students to perform blood glucose tests, administer insulin, treat hypoglycemia and hyperglycemia, and have easy access to necessary supplies and equipment to perform monitoring and treatment functions as specified in the individual health plan. The policies shall include the option for students to carry on their persons the necessary supplies and equipment and the option to perform monitoring and treatment functions anywhere on school grounds including the students' classrooms, and at school-sponsored events;
(v) The establishment of school policy exceptions necessary to accommodate the students' needs to eat whenever and wherever necessary, have easy, unrestricted access to water and bathroom use, have provisions made for parties at school when food is served, eat meals and snacks on time, and other necessary exceptions as described in the individual health plan;
(vi) The assurance that school meals are never withheld because of nonpayment of fees or disciplinary action;
(vii) A description of the students' school day schedules for timing of meals, snacks, blood sugar testing, insulin injections, and related activities;
(viii) The development of individual emergency plans;
(ix) The distribution of the individual health plan to appropriate staff based on the students' needs and staff level of contact with the students;
(x) The possession of legal documents for parent-designated adults to provide care, if needed; and
(xi) The updating of the individual health plan at least annually or more frequently, as needed; and
(b) The board of directors, in the course of developing the policies in (a) of this subsection, shall seek advice from one or more licensed physicians or nurses or diabetes educators who are nationally certified.
(2)(a) For the purposes of this section, "parent-designated adult" means a volunteer, who may be a school district employee, who receives additional training from a health care professional or expert in diabetic care selected by the parents, and who provides care for the child consistent with the individual health plan.
(b) To be eligible to be a parent-designated adult, a school district employee not licensed under chapter 18.79 RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to be a parent-designated adult. If a school employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee shall not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
(3) The board of directors shall designate a professional person licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and *advanced registered nurse practitioners, to consult and coordinate with the student's parents and health care provider, and train and supervise the appropriate school district personnel in proper procedures for care for students with diabetes to ensure a safe, therapeutic learning environment. Training may also be provided by a diabetes educator who is nationally certified. Parent-designated adults who are school employees are required to receive the training provided under this subsection. Parent-designated adults who are not school employees shall show evidence of comparable training. The parent-designated adult must also receive additional training as established in subsection (2)(a) of this section for the additional care the parents have authorized the parent-designated adult to provide. The professional person designated under this subsection is not responsible for the supervision of the parent-designated adult for those procedures that are authorized by the parents.
[ 2002 c 350 s 2.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Findings—2002 c 350: "The legislature finds that diabetes imposes significant health risks to students enrolled in the state's public schools and that providing for the medical needs of students with diabetes is crucial to ensure both the safety of students with diabetes and their ability to obtain the education guaranteed to all citizens of the state. The legislature also finds that children with diabetes can and should be provided with a safe learning environment and access to all other nonacademic school-sponsored activities. The legislature further finds that an individual health plan for each child with diabetes should be in place in the student's school and should include provisions for a parental signed release form, medical equipment and storage capacity, and exceptions from school policies, school schedule, meals and eating, disaster preparedness, inservice training for staff, legal documents for parent-designated adults who may provide care, as needed, and personnel guidelines describing who may assume responsibility for activities contained in the student's individual health plan." [ 2002 c 350 s 1.]
Effective date—2002 c 350: "This act takes effect July 1, 2002." [ 2002 c 350 s 5.]

catchline: Students with diabetes—Individual health plans—Designation of professional to consult and coordinate with parents and health care provider—Training and supervision of school district personnel.


title: RCW 28A.210.340

text:
The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school districts providing for the inservice training for school staff on symptoms, treatment, and monitoring of students with diabetes and on the additional observations that may be needed in different situations that may arise during the school day and during school-sponsored events. The policy shall include the standards and skills that must be in place for inservice training of school staff.
[ 2002 c 350 s 3.]
Notes:
Findings—Effective date—2002 c 350: See notes following RCW 28A.210.330.

catchline: Students with diabetes—Adoption of policy for inservice training for school staff.


title: RCW 28A.210.350

text:
A school district, school district employee, agent, or parent-designated adult who, acting in good faith and in substantial compliance with the student's individual health plan and the instructions of the student's licensed health care professional, provides assistance or services under RCW 28A.210.330, 28A.210.355, or 28A.210.358 shall not be liable in any criminal action or for civil damages in his or her individual or marital or governmental or corporate or other capacities as a result of the services provided under RCW 28A.210.330 to students with diabetes, under RCW 28A.210.355 to students with epilepsy or other seizure disorders, or under RCW 28A.210.358 to students with adrenal insufficiency.
[ 2025 c 356 s 3; 2021 c 29 s 3; 2002 c 350 s 4.]
Notes:
Findings—Intent—2025 c 356: See note following RCW 28A.210.358.
Findings—Effective date—2002 c 350: See notes following RCW 28A.210.330.

catchline: Students with diabetes, epilepsy or other seizure disorders, or adrenal insufficiency—Compliance with individual health plan—Immunity.


title: RCW 28A.210.355

text:
(1) School districts shall provide individual health plans for students with epilepsy or other seizure disorders, subject to the following conditions:
(a) The board of directors of the school district shall adopt and periodically revise policies to be followed for students with epilepsy or other seizure disorders. The policies must cover, but need not be limited to, the following subjects:
(i) The acquisition of parent requests and instructions;
(ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive authority for monitoring and treatment of seizure disorders at school;
(iii) The provision for storage of medical equipment and medication provided by the parent;
(iv) The establishment of school policy exceptions necessary to accommodate the students' needs related to epilepsy or other seizure disorders as described in the individual health plan;
(v) The development of individual emergency plans;
(vi) The distribution of the individual health plan to appropriate staff based on the students' needs and staff level of contact with the student;
(vii) The possession of legal documents for parent-designated adults to provide care, if needed; and
(viii) The updating of the individual health plan at least annually; and
(b) The board of directors, in the course of developing the policies in (a) of this subsection, shall consult with one or more licensed physicians or nurses, or appropriate personnel from a national epilepsy organization that offers seizure training and education for school nurses and other school personnel.
(2)(a) The board of directors shall designate a professional person licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and *advanced registered nurse practitioners, to consult and coordinate with the student's parents and health care provider, and train and supervise the appropriate school district personnel in proper procedures for care for students with epilepsy or other seizure disorders to ensure a safe, therapeutic learning environment. Training required under this subsection (2)(a) may also be provided by a national organization that offers training for school nurses for managing students with seizures and seizure training for school personnel.
(b)(i) Parent-designated adults who are school district employees must receive training in accordance with (a) of this subsection (2).
(ii) Parent-designated adults who are not school district employees must show evidence of training in proper procedures for care of students with epilepsy or other seizure disorders. Training required under this subsection (2)(b)(ii) may be provided by a national organization that offers training for school nurses for managing students with seizures and seizure training for school personnel.
(iii) The professional person designated under (a) of this subsection (2) is not responsible for the supervision of the parent-designated adult for procedures authorized by the parents.
(3)(a) To be eligible to be a parent-designated adult, a school district employee not licensed under chapter 18.79 RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to be a parent-designated adult. If a school district employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee may not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
(b)(i) For the purposes of this section, "parent-designated adult" means a parent-designated adult who: (A) Volunteers for the designation; (B) receives additional training from a health care professional or expert in care for epilepsy or other seizure disorders selected by the parents; and (C) provides care for the child consistent with the individual health plan.
(ii) A parent-designated adult may be a school district employee.
(4) Nothing in this section is intended to supersede or otherwise modify nurse delegation requirements established in RCW 18.79.260.
(5) This section applies beginning with the 2022-23 school year.
[ 2021 c 29 s 1.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.

catchline: Students with epilepsy or other seizure disorders—Individual health plans—Designation of professional to consult and coordinate with parents and health care provider—Training and supervision of school district personnel—Parent-designated adults.


title: RCW 28A.210.358

text:
(1) School districts shall provide individual health plans for students with adrenal insufficiency, subject to the following conditions:
(a) The board of directors of the school district shall adopt and periodically revise policies governing the care of students with adrenal insufficiency. At a minimum, the policies must address:
(i) The acquisition of parent requests and instructions;
(ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive authority for monitoring and treatment of adrenal insufficiency at school;
(iii) The provision for storage of medical equipment and medication provided by the parent;
(iv) The establishment of necessary exceptions to school policies to accommodate the specific needs of students with adrenal insufficiency, as described in the students' individual health plan;
(v) The development of emergency care plans;
(vi) The distribution of individual health plans and emergency care plans to appropriate staff based on the students' needs and staff level of contact with the student;
(vii) The possession of legal documents for parent-designated adults to provide care, if needed; and
(viii) The updating of the individual health plan at least annually;
(b) The administration of medications under the policies required in (a) of this subsection (1) must also comply with conditions outlined in RCW 28A.210.260; and
(c) The policies required by (a) of this subsection (1) may be incorporated into school district policies related broadly to students with health conditions or those concerning parent-designated adults.
(2)(a) Parents of a child with adrenal insufficiency who assign a parent-designated adult to care for the child shall authorize the parent-designated adult to perform procedures consistent with the child's individual health plan.
(b) Parent-designated adults must complete training selected by the child's parents in the proper procedures to care for the child, including in the administration of an emergency injection of corticosteroid during an adrenal crisis, that are consistent with the child's individual health plan. The training may be provided by an organization that offers training for staff caring for students with adrenal insufficiency or an organization that offers training for caretakers of children with adrenal insufficiency.
(c) To be eligible to be a parent-designated adult for a child with adrenal insufficiency, a school district employee not licensed under chapter 18.79 RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to be a parent-designated adult. If a school district employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee may not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
(3)(a) For the purposes of this section, "parent-designated adult" means an adult who: (i) Is authorized by the parents of a child with adrenal insufficiency to provide care for the child consistent with the child's individual health plan; (ii) volunteers for the designation; (iii) receives additional training selected by the parents; and (iv) provides care for the child consistent with the child's individual health plan.
(b) A parent-designated adult may be a school district employee.
(4) Nothing in this section is intended to supersede or otherwise modify nurse delegation requirements established in RCW 18.79.260.
(5) This section applies beginning with the 2025-26 school year.
[ 2025 c 356 s 2.]
Notes:
Findings—Intent—2025 c 356: "(1)(a) The legislature recognizes that not every public school has a full-time school nurse and that there are restrictions on who can provide nursing care, including medication administration, to students.
(b) The legislature further recognizes that parent-designated adults are volunteers, who may be school employees, and who provide care for the student consistent with the student's individual health plan. Legislation enacted in 2002 authorized parent-designated adults to provide care for students with diabetes. Legislation enacted in 2013 authorized parent-designated adults to provide care for students with seizure disorders, including epilepsy.
(2) The legislature finds that adrenal insufficiency is a rare condition in which the adrenal glands do not produce enough cortisol. If cortisol levels drop too low, which can happen when a person is stressed, ill, or injured, a person will experience abdominal pain, fatigue, dizziness, and ultimately go into shock. Acute severe adrenal insufficiency is a life-threatening situation that requires emergency treatment with cortisol or similar medication to prevent shock or other severe complications.
(3) Therefore, the legislature intends to authorize parent-designated adults to provide care for students with adrenal insufficiency." [ 2025 c 356 s 1.]

catchline: Students with adrenal insufficiency—Individual health plans—Parent-designated adult.


title: RCW 28A.210.360

text:
(1) Consistent with the essential academic learning requirements for health and fitness, including nutrition, the Washington state school directors' association, with the assistance of the office of the superintendent of public instruction, the department of health, and the Washington alliance for health, physical education, recreation and dance, shall convene an advisory committee to develop a model policy regarding access to nutritious foods, opportunities for developmentally appropriate exercise, and accurate information related to these topics. The policy shall address the nutritional content of foods and beverages, including fluoridated bottled water, sold or provided throughout the school day or sold in competition with the federal school breakfast and lunch program and the availability and quality of health, nutrition, and physical education and fitness curriculum. The model policy should include the development of a physical education and fitness curriculum for students. For middle school students, physical education and fitness curriculum means a daily period of physical activity, a minimum of twenty minutes of which is aerobic activity in the student's target heart rate zone, which includes instruction and practice in basic movement and fine motor skills, progressive physical fitness, athletic conditioning, and nutrition and wellness instruction through age-appropriate activities.
(2) The school directors' association shall submit the model policy and recommendations on the related issues, along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy on its website by January 1, 2005.
(3) Each district's board of directors shall establish its own policy by August 1, 2005.
[ 2004 c 138 s 2.]
Notes:
Findings—2004 c 138: "(1) The legislature finds:
(a) Childhood obesity has reached epidemic levels in Washington and throughout the nation. Nearly one in five Washington adolescents in grades nine through twelve were recently found to be either overweight or at risk of being overweight;
(b) Overweight and obese children are at higher risk for developing severe long-term health problems, including but not limited to Type 2 diabetes, cardiovascular disease, high blood pressure, and certain cancers;
(c) Overweight youth also are often affected by discrimination, psychological stress, and low self-esteem;
(d) Obesity and subsequent diseases are largely preventable through diet and regular physical activity;
(e) A child who has eaten a well-balanced meal and is healthy is more likely to be prepared to learn in the classroom;
(f) Encouraging adolescents to adopt healthy lifelong eating habits can increase their productivity and reduce their risk of dying prematurely;
(g) Frequent eating of carbohydrate-rich foods or drinking sweet liquids throughout the day increases a child's risk for dental decay, the most common chronic childhood disease;
(h) Schools are a logical place to address the issue of obesity in children and adolescents; and
(i) Increased emphasis on physical activity at all grade levels is essential to enhancing the well-being of Washington's youth.
(2) While the United States department of agriculture regulates the nutritional content of meals sold in schools under its school breakfast and lunch program, limited standards are in place to regulate "competitive foods," which may be high in added sugars, sodium, and saturated fat content. However, the United States department of agriculture does call for states and local entities to add restrictions on competitive foods, as necessary." [ 2004 c 138 s 1.]

catchline: Model policy on access to nutritious foods and developmentally appropriate exercise—School district policies.


title: RCW 28A.210.365

text:
It is the goal of Washington state to ensure that:
(1) By 2010, all K-12 districts have school health advisory committees that advise school administration and school board members on policies, environmental changes, and programs needed to support healthy food choice and physical activity and childhood fitness. Districts shall include school nurses or other school personnel as advisory committee members.
(2) By 2010, only healthy food and beverages provided by schools during school hours or for school-sponsored activities shall be available on school campuses. Minimum standards for available food and beverages, except food served as part of a United States department of agriculture meal program, are:
(a) Not more than thirty-five percent of its total calories shall be from fat. This restriction does not apply to nuts, nut butters, seeds, eggs, fresh or dried fruits, vegetables that have not been deep-fried, legumes, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products;
(b) Not more than ten percent of its total calories shall be from saturated fat. This restriction does not apply to eggs, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products;
(c) Not more than thirty-five percent of its total weight or fifteen grams per food item shall be composed of sugar, including naturally occurring and added sugar. This restriction does not apply to the availability of fresh or dried fruits and vegetables that have not been deep-fried; and
(d) The standards for food and beverages in this subsection do not apply to:
(i) Low-fat and nonfat flavored milk with up to thirty grams of sugar per serving;
(ii) Nonfat or low-fat rice or soy beverages; or
(iii) One hundred percent fruit or vegetable juice.
(3) By 2010, all students in grades one through eight should have at least one hundred fifty minutes of quality physical education every week.
(4) By 2010, all student health and fitness instruction shall be conducted by appropriately certified instructors.
(5) Beginning with the 2011-2012 school year, any district waiver or exemption policy from physical education requirements for high school students should be based upon meeting both health and fitness curricula concepts as well as alternative means of engaging in physical activity, but should acknowledge students' interest in pursuing their academic interests.
[ 2007 c 5 s 5.]

catchline: Food choice, physical activity, childhood fitness—Minimum standards—District waiver or exemption policy.


title: RCW 28A.210.368

text:
(1)(a) By April 1, 2024, the Washington state school directors' association, with the assistance of the office of the superintendent of public instruction, must review and update a model policy and procedure regarding nutrition, health, and physical education.
(b) The model policy and procedure must:
(i) Aim to make elementary school recess safe, inclusive, and high quality for all students;
(ii) Encourage physical activity breaks for middle and high school students;
(iii) Align with the requirements in RCW 28A.230.295;
(iv) Encourage elementary school recess to be scheduled before lunch, whenever possible, to reduce food waste, maximize nutrition, and allow students to be active before eating;
(v) Discourage withholding recess as a disciplinary or punitive action except when a student's participation in recess poses an immediate threat to the safety of the student or others, and create a process to find and deploy alternatives to the withholding of recess;
(vi) Discourage the withholding of recess to have a student complete academic work;
(vii) Prohibit the use of physical activity during the school day as punishment, such as having students run laps or do push-ups as a punitive action; and
(viii) Align with corporal punishment requirements established in WAC 392-400-825.
(2) By the beginning of the 2024-25 school year, school districts must adopt or amend if necessary policies and procedures that, at a minimum, incorporate all the elements described in subsection (1) of this section.
[ 2023 c 272 s 3.]
Notes:
Intent—2023 c 272: See note following RCW 28A.230.295.

catchline: Nutrition, health, and physical education model policy and procedure.


title: RCW 28A.210.370

text:
(1) The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school districts providing for the in-service training for school staff on symptoms, treatment, and monitoring of students with asthma and on the additional observations that may be needed in different situations that may arise during the school day and during school-sponsored events. The policy shall include the standards and skills that must be in place for in-service training of school staff.
(2) By January 1, 2027, the superintendent of public instruction and the secretary of the department of health shall update the uniform policy developed under subsection (1) of this section to include a uniform procedure for when school nurses and designated trained school personnel access and administer the school or school district supply of albuterol as authorized under RCW 28A.210.373 for the management of a student's respiratory symptoms, including breathing difficulties caused by conditions such as asthma.
(3)(a) All school districts shall adopt policies regarding asthma rescue procedures for each school within the district.
(b) School districts may adopt policies regarding the use of albuterol from a school or school district supply authorized under RCW 28A.210.373. If a school district chooses to adopt a policy under this subsection, it must include the uniform procedure developed under subsection (2) of this section.
(4) All school districts must require that each public elementary school and secondary school grant to any student in the school authorization for the self-administration of medication to treat that student's asthma or anaphylaxis, if:
(a) A health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication;
(b) The student has demonstrated to the health care practitioner, or the practitioner's designee, and a professional registered nurse at the school, the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed;
(c) The health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and
(d) The student's parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under (c) of this subsection and other documents related to liability.
(5) An authorization granted under subsection (4) of this section must allow the student involved to possess and use his or her medication:
(a) While in school;
(b) While at a school-sponsored activity, such as a sporting event; and
(c) In transit to or from school or school-sponsored activities.
(6) An authorization granted under subsection (4) of this section:
(a) Must be effective only for the same school and school year for which it is granted; and
(b) Must be renewed by the parent or guardian each subsequent school year in accordance with this subsection.
(7) School districts must require that backup medication, if provided by a student's parent or guardian, be kept at a student's school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency.
(8) School districts must require that information described in subsection (4)(c) and (d) of this section be kept on file at the student's school in a location easily accessible in the event of an asthma or anaphylaxis emergency.
(9) For the purposes of this section, "albuterol" has the same meaning as in RCW 28A.210.373.
(10) Nothing in this section creates a cause of action or in any other way increases or diminishes the liability of any person under any other law.
[ 2026 c 197 s 2; 2005 c 462 s 2.]
Notes:
Findings—2005 c 462: "The legislature finds that:
(1) Asthma is a dangerous disease that is growing in prevalence in Washington state. An estimated five hundred thousand residents of the state suffer from asthma. Since 1995, asthma has claimed more than five hundred lives, caused more than twenty-five thousand hospitalizations with costs of more than one hundred twelve million dollars, and resulted in seven million five hundred thousand missed school days. School nurses have identified over four thousand children with life-threatening asthma in the state's schools.
(2) While asthma is found among all populations, its prevalence disproportionately affects low-income and minority populations. Untreated asthma affects worker productivity and results in unnecessary absences from work. In many cases, asthma triggers present in substandard housing and poorly ventilated workplaces contribute directly to asthma.
(3) Although research continues into the causes and cures for asthma, national consensus has been reached on treatment guidelines. People with asthma who are being treated in accordance with these guidelines are far more likely to control the disease than those who are not being treated and therefore are less likely to experience debilitating or life-threatening asthma episodes, less likely to be hospitalized, and less likely to need to curtail normal school or work activities. With treatment, most people with asthma are able to live normal, active lives.
(4) Up to one-third of the people with asthma have not had their disease diagnosed. Among those with diagnosed asthma, thirty to fifty percent are not receiving medicines that are needed to control the disease, and approximately eighty percent of diagnosed asthmatics are not getting yearly spirometry measurements that are a key element in monitoring the disease." [ 2005 c 462 s 1.]

catchline: Students with asthma and anaphylaxis—Uniform policy—Authorization for self-medication.


title: RCW 28A.210.373

text:
(1)(a) Beginning in the 2027-28 school year, school districts and private schools are authorized to maintain a supply of albuterol at each school in a designated location.
(b) Albuterol may be acquired from donation sources, but it must be accompanied by a prescription.
(2)(a) A licensed health professional with the authority to prescribe albuterol including, but not limited to, the secretary of health or the secretary's designee in accordance with RCW 43.70.183, may prescribe albuterol in the name of the school district or school to be maintained for use when necessary. Albuterol prescriptions must be accompanied by a standing order, issued in accordance with this section or RCW 43.70.183, authorizing the administration of school or school district-supplied, undesignated albuterol for the management of respiratory symptoms, including breathing difficulties caused by conditions such as asthma.
(b) Nothing in this section changes current prescription or self-administration practices for children with existing albuterol prescriptions under RCW 28A.210.370.
(3) Albuterol from the school or school district supply authorized under this section must be accessed and administered in accordance with the uniform procedure under RCW 28A.210.370 for the management of a student's respiratory symptoms, including breathing difficulties caused by conditions such as asthma, as follows:
(a) If the student has a prescription for albuterol on file, a school nurse or designated trained school personnel may administer albuterol; or
(b) If the student does not possess albuterol or have a prescription for albuterol on file, only a school nurse may administer albuterol.
(4) A school must immediately notify a student's parent or guardian when a student is administered albuterol under this section or when a student self-administers albuterol under RCW 28A.210.370 and the school has knowledge of this self-administration.
(5) Albuterol may be maintained, accessed, and administered on private school or school district property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property. The school nurse or designated trained school personnel may transport and carry a reasonable quantity of the school or school district supply of albuterol on field trips or excursions.
(6)(a) If a student is injured or harmed due to the administration of albuterol that a licensed health professional with prescribing authority has prescribed and a pharmacist has dispensed to a school or school district under this section or in accordance with RCW 43.70.183, the licensed health professional with prescribing authority and pharmacist may not be held responsible for the injury unless the prescription was issued with a conscious disregard for safety.
(b) In the event a school nurse or other school employee or contractor administers albuterol in substantial compliance with a student's prescription that has been prescribed by a licensed health professional within the scope of the professional's prescriptive authority or by statewide standing order in accordance with RCW 43.70.183, if applicable, and written policies of the school district or private school, then the school personnel, the school personnel's school district or school of employment, and the members of the governing board and chief administrator thereof are not liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing the albuterol.
(c) School employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to include the management of albuterol as a specific part of their job description, may file with the school district a written letter of refusal declining to manage albuterol. This written letter of refusal may not serve as grounds for discharge, nonrenewal of an employment contract, or other action adversely affecting the employee's contract status. For the purposes of this subsection, "management of albuterol" means the storage, maintenance, access, administration, documentation, and transportation of albuterol in accordance with: A standing order issued in accordance with this section or RCW 43.70.183; and applicable written policies of the school district.
(7) As used in this section, "albuterol" means albuterol aerosol, powder, or solution for use in an inhaler or nebulizer.
(8) This section governs school operation and management under RCW 28A.710.040 and 28A.715.020 and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
[ 2026 c 197 s 1.]

catchline: Albuterol—School supply—Use—Definition.


title: RCW 28A.210.375

text:
(1) By August 1, 2008, the superintendent of public instruction shall solicit and select up to six school districts to implement, on a pilot project basis, this section. The selected school districts shall include districts from urban and rural areas, and eastern and western Washington.
(2) Beginning with the 2008-09 school year, as part of a public school's enrollment process, each school participating as a pilot project shall annually inquire whether a student has health insurance. The school shall include in the inquiry a statement explaining that an outreach worker may contact families with uninsured students about options for health care coverage. The inquiry shall make provision for the parent or guardian to authorize the sharing of information for this purpose, consistent with state and federal confidentiality requirements.
(3) The school shall record each student's health insurance status in the district's student information system.
(4) By December 1, 2008, from the district's student information system, the pilot school shall develop a list of students without insurance for whom parent authorization to share information was granted. To the extent such information is available, the list shall include:
(a) Identifiers, including each student's full name and date of birth; and
(b) Parent or guardian contact information, including telephone number, email address, and street address.
(5) By September 1, 2008, the department and superintendent shall develop and make available a model agreement to enable schools to share student information in compliance with state and federal confidentiality requirements.
(6) By January 1, 2009, each participating pilot school and a local outreach organization, where available, shall work to put in place an agreement to share student information in accordance with state and federal confidentiality requirements. Once an agreement is in place, the school shall share the list described in subsection (4) of this section with the outreach organization.
(7) The outreach organization shall use the information on the list to contact families and assist them to enroll students on a medical program, in accordance with chapter 74.09 RCW.
(8) By July 1, 2009, pilot schools shall report to the superintendent of public instruction:
(a) The number of students identified without health insurance under subsection (2) of this section; and
(b) Whether an agreement as described under subsection (6) of this section is in place.
(9) By December 1, 2009, the department and the superintendent shall submit a joint report to the legislature that provides:
(a) Summary information on the number of students identified without insurance;
(b) The number of schools with agreements with outreach organizations and the number without such agreements;
(c) The cost of collecting and reporting data;
(d) The impact of such outreach efforts they can quantify; and
(e) Any recommendations for changes that would improve the efficiency or effectiveness of outreach efforts described in this section.
(10) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Department" means the department of social and health services.
(b) "Superintendent" means the superintendent of public instruction.
(c) "Outreach organization" means a nonprofit organization or a local government entity either contracting with the department pursuant to chapter 74.09 RCW, or otherwise qualified to provide outreach, education, and enrollment services to uninsured children.
[ 2008 c 302 s 1.]

catchline: Student health insurance information—Pilot project—Reports.


title: RCW 28A.210.380

text:
(1) The office of the superintendent of public instruction, in consultation with the department of health, shall develop anaphylactic policy guidelines for schools to prevent anaphylaxis and deal with medical emergencies resulting from it. The policy guidelines shall be developed with input from pediatricians, school nurses, other health care providers, parents of children with life-threatening allergies, school administrators, teachers, and food service directors.
The policy guidelines shall include, but need not be limited to:
(a) A procedure for each school to follow to develop a treatment plan including the responsibilities for [of] school nurses and other appropriate school personnel responsible for responding to a student who may be experiencing anaphylaxis;
(b) The content of a training course for appropriate school personnel for preventing and responding to a student who may be experiencing anaphylaxis;
(c) A procedure for the development of an individualized emergency health care plan for children with food or other allergies that could result in anaphylaxis;
(d) A communication plan for the school to follow to gather and disseminate information on students with food or other allergies who may experience anaphylaxis;
(e) Strategies for reduction of the risk of exposure to anaphylactic causative agents including food and other allergens.
(2) For the purpose of this section "anaphylaxis" means a severe allergic and life-threatening reaction that is a collection of symptoms, which may include breathing difficulties and a drop in blood pressure or shock.
(3)(a) By October 15, 2008, the superintendent of public instruction shall report to the select interim legislative task force on comprehensive school health reform created in section 6, chapter 5, Laws of 2007, on the following:
(i) The implementation within school districts of the 2008 guidelines for care of students with life-threatening food allergies developed by the superintendent pursuant to section 501, chapter 522, Laws of 2007, including a review of policies developed by the school districts, the training provided to school personnel, and plans for follow-up monitoring of policy implementation; and
(ii) Recommendations on requirements for effectively implementing the school anaphylactic policy guidelines developed under this section.
(b) By March 31, 2009, the superintendent of public instruction shall report policy guidelines to the appropriate committees of the legislature and to school districts for the districts to use to develop and adopt their policies.
(4) By September 1, 2009, each school district shall use the guidelines developed under subsection (1) of this section to develop and adopt a school district policy for each school in the district to follow to assist schools to prevent anaphylaxis.
[ 2008 c 173 s 1.]


title: RCW 28A.210.383

text:
(1) School districts and nonpublic schools may maintain at a school in a designated location a supply of epinephrine and epinephrine autoinjectors based on the number of students enrolled in the school.
(2)(a) A licensed health professional with the authority to prescribe epinephrine, including, but not limited to, the secretary of health or the secretary's designee in accordance with RCW 43.70.827, may prescribe epinephrine, including epinephrine autoinjectors, in the name of the school district or school to be maintained for use when necessary. Epinephrine prescriptions must be accompanied by a standing order issued in accordance with this section or RCW 43.70.827 for the administration of school-supplied, undesignated epinephrine and epinephrine autoinjectors for potentially life-threatening allergic reactions.
(b) There are no changes to current prescription or self-administration practices for children with existing epinephrine autoinjector prescriptions or a guided anaphylaxis care plan.
(c) Epinephrine and epinephrine autoinjectors may be obtained from donation sources, but must be accompanied by a prescription.
(3)(a) When a student has a prescription for an epinephrine autoinjector on file, the school nurse may utilize the school district or school supply of epinephrine and the school nurse and the designated trained school personnel may utilize the school district or school supply of epinephrine autoinjectors to respond to an anaphylactic reaction under a standing protocol according to RCW 28A.210.380.
(b) When a student does not have an epinephrine autoinjector or prescription for an epinephrine autoinjector on file, the school nurse may utilize the school district or school supply of epinephrine or epinephrine autoinjectors to respond to an anaphylactic reaction under a standing protocol according to RCW 28A.210.380.
(c) Epinephrine and epinephrine autoinjectors may be used on school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property. The school nurse or designated trained school personnel may carry an appropriate supply of school-owned epinephrine or epinephrine autoinjectors on field trips or excursions.
(4)(a) If a student is injured or harmed due to the administration of epinephrine that a licensed health professional with prescribing authority has prescribed and a pharmacist has dispensed to a school under this section, the licensed health professional with prescribing authority and pharmacist may not be held responsible for the injury unless he or she issued the prescription with a conscious disregard for safety.
(b) In the event a school nurse or other school employee administers epinephrine in substantial compliance with a student's prescription that has been prescribed by a licensed health professional within the scope of the professional's prescriptive authority or by statewide standing order in accordance with RCW 43.70.827, if applicable, and written policies of the school district or private school, then the school employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof are not liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing the epinephrine.
(c) School employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to the use of epinephrine autoinjectors as a specific part of their job description, may file with the school district a written letter of refusal to use epinephrine autoinjectors. This written letter of refusal may not serve as grounds for discharge, nonrenewal of an employment contract, or other action adversely affecting the employee's contract status.
[ 2024 c 81 s 2; 2014 c 34 s 1; 2013 c 268 s 2.]
Notes:
Findings—2013 c 268: "(1) The legislature finds that allergies are a serious medical disorder that affect more than one in five persons in the United States and are the sixth leading cause of chronic disease. Roughly one in thirteen children has a food allergy, and the incidence is rising. Up to forty percent of food-allergic children may be at risk for anaphylaxis, a severe and potentially life-threatening reaction. Anaphylaxis may also occur due to an insect sting, drug allergy, or other causes. Twenty-five percent of first-time anaphylactic reactions among children occur in a school setting. Anaphylaxis can occur anywhere on school property, including the classroom, playground, school bus, or on field trips.
(2) Rapid and appropriate administration of the drug epinephrine, also known as adrenaline, to a patient experiencing an anaphylactic reaction may make the difference between life and death. In a school setting, epinephrine is typically administered intramuscularly via an epinephrine autoinjector device. Medical experts agree that the benefits of emergency epinephrine administration far outweigh the risks.
(3) The legislature further finds that, on many days, as much as twenty percent of the nation's combined adult and child population can be found in public and nonpublic schools. Therefore, schools need to be prepared to treat potentially life-threatening anaphylactic reactions in the event a student is experiencing a first-time anaphylactic reaction, a student does not have his or her own epinephrine autoinjector device available, or if a school nurse is not in the vicinity at the time." [ 2013 c 268 s 1.]

catchline: Epinephrine and epinephrine autoinjectors (EPI pens)—School supply—Use.


title: RCW 28A.210.385

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 12.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.

catchline: Condensed compliance reports—Second-class districts.


title: RCW 28A.210.390

text:
(1) For the purposes of this section:
(a) "Opioid overdose reversal medication" has the meaning provided in RCW 69.41.095;
(b) "Opioid-related overdose" has the meaning provided in RCW 69.41.095; and
(c) "Standing order" has the meaning provided in RCW 69.41.095.
(2)(a) For the purpose of assisting a person at risk of experiencing an opioid-related overdose, a public school may obtain and maintain opioid overdose reversal medication through a standing order prescribed and dispensed in accordance with RCW 69.41.095.
(b) Opioid overdose reversal medication may be obtained from donation sources, but must be maintained and administered in a manner consistent with a standing order issued in accordance with RCW 69.41.095.
(c) A school district must obtain and maintain at least one set of opioid overdose reversal medication doses in each of its public schools as provided in (a) and (b) of this subsection. A school district that demonstrates a good faith effort to obtain the opioid overdose reversal medication through a donation source, but is unable to do so, is exempt from the requirement in this subsection (2)(c).
(3)(a) The following personnel may distribute or administer the school-owned opioid overdose reversal medication to respond to symptoms of an opioid-related overdose pursuant to a prescription or a standing order issued in accordance with RCW 69.41.095: (i) A school nurse; (ii) a health care professional or trained staff person located at a health care clinic on public school property or under contract with the school district; or (iii) designated trained school personnel.
(b) Opioid overdose reversal medication may be used on school property, including the school building, playground, and school bus, as well as during field trips or sanctioned excursions away from school property. A school nurse or designated trained school personnel may carry an appropriate supply of school-owned opioid overdose reversal medication on field trips or sanctioned excursions.
(c) Public schools are encouraged to include opioid overdose reversal medication in each first aid kit maintained on school property and in any coach or sports first aid kits maintained by the public school, provided that these kits are not accessible to people other than school personnel who have been designated to distribute or administer opioid overdose reversal medication under this section.
(d) Public schools are encouraged to include at least one location of opioid overdose reversal medication on the school's emergency map.
(4) Training for school personnel who have been designated to distribute or administer opioid overdose reversal medication under this section must meet the requirements for training described in RCW 28A.210.395 and any rules or guidelines for such training adopted by the office of the superintendent of public instruction. Each public school is encouraged to designate and train at least one school personnel to distribute and administer opioid overdose reversal medication if the public school does not have a full-time school nurse or trained health care clinic staff.
(5)(a) The liability of a person or entity who complies with this section and RCW 69.41.095 is limited as described in RCW 69.41.095.
(b) If a student is injured or harmed due to the administration of opioid overdose reversal medication that a practitioner, as defined in RCW 69.41.095, has prescribed and a pharmacist has dispensed to a school under this section, the practitioner and pharmacist may not be held responsible for the injury unless he or she acted with conscious disregard for safety.
(6) This section governs school operation and management under RCW 28A.710.040 and 28A.715.020 and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW.
[ 2024 c 214 s 1; 2019 c 314 s 39.]
Notes:
Declaration—2019 c 314: See note following RCW 18.22.810.

catchline: Opioid overdose reversal medication—Standing order—Administration.


title: RCW 28A.210.395

text:
(1) For the purposes of this section:
(a) "Opioid overdose reversal medication" has the meaning provided in RCW 69.41.095; and
(b) "Opioid-related overdose" has the meaning provided in RCW 69.41.095.
(2)(a) To prevent opioid-related overdoses and respond to medical emergencies resulting from overdoses, by January 1, 2020, the office of the superintendent of public instruction, in consultation with the department of health and the Washington state school directors' association, shall develop opioid-related overdose policy guidelines and training requirements for public schools and school districts.
(b)(i) The opioid-related overdose policy guidelines and training requirements must include information about: The identification of opioid-related overdose symptoms; how to obtain and maintain opioid overdose reversal medication on school property issued through a standing order in accordance with RCW 28A.210.390; how to obtain opioid overdose reversal medication through donation sources; the distribution and administration of opioid overdose reversal medication by designated trained school personnel; free online training resources that meet the training requirements in this section; and sample standing orders for opioid overdose reversal medication.
(ii) The opioid-related overdose policy guidelines may: Include recommendations for the storage and labeling of opioid overdose reversal medications that are based on input from relevant health agencies or experts; and allow for opioid-related overdose reversal medications to be obtained, maintained, distributed, and administered by health care professionals and trained staff located at a health care clinic on public school property or under contract with the school district.
(c) In addition to being offered by the school, training on the distribution or administration of opioid overdose reversal medication that meets the requirements of this subsection (2) may be offered by nonprofit organizations, higher education institutions, and local public health organizations.
(3)(a) By September 1, 2024, the Washington state school directors' association must collaborate with the office of the superintendent of public instruction and the department of health to either update existing model policy or develop a new model policy that meets the requirements of subsection (2) of this section.
(b) School districts must adopt an opioid-related overdose policy in accordance with RCW 28A.210.390.
(c) The office of the superintendent of public instruction and the Washington state school directors' association must maintain the model policy and procedure on each agency's website at no cost to school districts.
(4) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall develop and administer a grant program to provide funding to public schools and public higher education institutions to purchase opioid overdose reversal medication and train personnel on the administration of opioid overdose reversal medication to respond to symptoms of an opioid-related overdose. The office must publish on its website a list of annual grant recipients, including award amounts.
[ 2024 c 214 s 2; 2019 c 314 s 40.]
Notes:
Declaration—2019 c 314: See note following RCW 18.22.810.

catchline: Opioid overdose reversal medication—Policy guidelines and treatment requirements—Grant program.


title: RCW 28A.210.400

text:
(1) Within existing resources, every public school that issues student identification cards, staff identification cards, or both, must have printed on either side of the identification cards:
(a) The contact information for a national suicide prevention organization; and
(b) The contact information for one or more campus, local, state, or national organizations specializing in suicide prevention, crisis intervention, or counseling, if available.
(2) The requirements in subsection (1) of this section apply to student identification cards and staff identification cards issued for the first time and issued to replace a damaged or lost identification card.
[ 2020 c 39 s 2.]
Notes:
Finding—Intent—2020 c 39: "The legislature finds that there are national and local organizations specializing in suicide prevention, crisis intervention, and counseling that provide free, confidential emotional support for people who are in suicidal crisis or emotional distress. Immediate access to these services often prevents suicide, attempted suicide, and other harm. The federal government recognized the importance of free support services when, in 2005, it launched a ten digit national suicide prevention lifeline and then, in 2019, it announced plans to designate 988 as the national suicide prevention and mental health crisis hotline. The contact information for these lifesaving services should be easily accessible to Washington residents, particularly students and the caring adults who work with them. Therefore, the legislature intends to require that contact information for suicide prevention and crisis intervention organizations be printed on student and staff identification cards." [ 2020 c 39 s 1.]