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April 18, 2002

School and Daycare

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Question from Des Plaines, Illinois, USA:

My four and a half year old son will be starting kindergarten this fall. I have met with the school principal, nurse, etc., to let them know that he is a special needs child, and I was told that, if he had a severe low, they would not administer his glucagon. They would call 911. Is this legal? I’m afraid to let him go to school now.

Answer:

From: DTeam Staff

Illinois law does not permit school personnel to administer injections unless they are an RN acting under the direct authorization of a physician. In addition, they are not immune from liability under the Good Samaritan Law for injuries caused by their well-intentioned acts in assisting a child in distress. Therefore, it is my opinion that school personnel other than an physician should call 911 for any child requiring emergency medical attention. This is an situation created by the legislature’s failure to act not by school personnel failing to care for children.

DSH