Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-185.
(A) For purposes of this section,
'medication' means a drug that may be obtained with or without a
prescription.
(B) It is unlawful for
a director, owner, operator, caregiver, employee, or volunteer
of a childcare facility, as defined in Section 63-13-20, to
administer medication to a child under the care of the facility
unless:
(1)
the parent or guardian of the child has submitted to the
childcare facility prior to the administration of the medication
a signed and dated parental consent form that authorizes the
facility to administer the medication to the child, and the
authorization is for not longer than one year;
(2)
the medication is administered as stated on the label
directions, or as amended in writing by the child's healthcare
provider; and
(3)
the medication has not expired.
(C)(1) Notwithstanding
subsection (B), a director, owner, operator, caregiver,
employee, or volunteer of a childcare facility may administer
medication to a child without a signed authorization if the
parent or guardian:
(a)
submits to the childcare facility an authorization in an
electronic format; or
(b)
authorizes the childcare facility by telephone to
administer a single dose of a medication.
(2)
Written documentation of the electronic or telephonic
authorization must be maintained by the facility in the child's
record.
(D) This section does
not apply to a person that administers a medication to a child
in a medical emergency to prevent the death of or serious bodily
injury to the child if the medication is administered as
prescribed, directed, and intended.
(E) A childcare
facility shall maintain in each child's record all written
documentation and records of verbal communication that confirm
parental or guardian permission to administer medication to the
minor child as required pursuant to this section.
(F) A person who
violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
two thousand dollars or imprisoned not more than one year, or
both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.