The headache of legal limitations: The restrictions of over-the-counter medication a cause for a concern

The headache of legal limitations: The restrictions of over-the-counter medication a cause for a concern

Walking your way down to the nurses office due to aches and pains hoping to get Advil or Tylenol is harder than you think due to legal limitations. Over the years, students have visited the school nurse for anything from a physical form to a fever. Commonly, however, students visit the nurse due to an upset stomach, headache or cramps, which are easily cured with gentle medication.

Medication administration to students is one of the most common health-related activities performed in school. Historically, administering medication within the school has been a school nurse’s responsibility. As more chronically ill and medically unstable children enter the school system each year, awareness of the need for the most basic medication increases.

Section 504 of the Rehabilitation Act provides protection for students with disabilities by requiring schools to make reasonable accommodations and to allow for safe inclusion in school programs.This federal law applies only to schools receiving federal funds, and does not cover all students who require medications during the school day (eg. short-term needs medication, painkillers). It isn’t specific about how administration of medications such as Ibuprofen should be conducted in school.

For this decision, we turn to Freedom School District and Pennsylvania state laws. Though medication administration policies vary by school, states may also put more specific guidelines in place to prevent confusion between school districts. In Freedom Area School District’s case, the nurse requires both a written doctor’s note ensuring the use of the medication, as well as a written parent permission form to administer the medication.

“Any type of medication, be it prescription or not, requires both doctor and parent permission. This includes painkillers, epipens, and ADHD medication.” School nurse, Mrs. Bonnie Adams said.

But what if the student has a severe headache with no medication on file?

“The student can have a parent bring medication in and administer it to them.” Adams said.

The emergency treatment card you complete every year doesn’t cover this medication problem, and doesn’t allow the parent to give permission for the administration of painkillers such as Advil. On the contrary, it’s illegal for the school district to offer this, as both parental permission and a doctor’s note are required.

The advantages of medication administration in schools go beyond just helping a student’s pain. it can lead to a less distracted, more focused student. In other words, the student will stop caring about his headache and be able to pay attention to a math exam.

“I believe medication such as Advil should be permitted to students with a headache, as long as the circumstances aren’t taken advantage of. The student would then be allowed to continue a comfortable learning day and could focus more.” Freshman Kitt Jordan said.

Despite the need from students of the occasional pain reliever, the state government prohibits the administration of this medication without a readily available doctor’s note, and parent consent.