Code of the District of Columbia

§ 38–651.03. Medication action plan.

(a) A valid medication action plan shall include:

(1) Written medical authorization, signed by a licensed health practitioner, that states:

(A) The name of the student;

(B) Emergency contact information for the responsible person, or, if the student is 18 years of age or older, another adult suitable to serve as an emergency contact;

(C) Contact information for the licensed health practitioner;

(D) The name, purpose, and prescribed dosage of the medication;

(E) The frequency that the medication is to be administered;

(F) The possible side effects of the medication as listed on the label;

(G) Special instructions or emergency procedures; and

(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively.

(2) Written authorization, signed by the responsible person, that states:

(A) A trained employee or agent of the school may administer medication to the student in accordance with rules established by the Mayor; or

(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and

(C) The name of the student may be distributed to appropriate school staff, as determined by the principal; and

(3) Written acknowledgment that the District, a school, or an employee or agent of a school shall be immune from civil liability for the good-faith performance of responsibilities under this subchapter; except, that no immunity shall extend to criminal acts, intentional wrongdoing, gross negligence, or wanton or willful misconduct.

(a-1)(1) If a student is a qualifying patient and the failure to administer medical marijuana during the school day would disrupt the student's ability to participate in school instruction, a medication action plan may include administration of medical marijuana, in a non-smokable form, to the student.

(2) The medication action plan of a student who seeks to administer medical marijuana during the school day shall include a certification from an authorized practitioner, as that term is defined in § 7-1671.01(1C), that the failure to administer medical marijuana during the school day would disrupt the student's ability to participate in school instruction.

(3) A school shall adopt policies that permit a student who is a qualifying patient to administer medical marijuana on campus during the school day as necessary based on the terms of the student's medical authorization.

(4) A school may discontinue compliance with paragraphs (1) through (3) of this subsection if, after October 7, 2019, the federal government issues a communication indicating that federal funding will be withheld from the District or a school within the District if the school continues to authorize administration of medical marijuana on its campus.

(5) For the purposes of this subsection "qualifying patient" shall have the same meaning as provided in § 7-1671.01(19).

(b) Immediately following any changes regarding the health or treatment of the student, the responsible person shall submit to the school an amended medication action plan.

(c) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.


(Feb. 2, 2008, D.C. Law 17-107, § 4, 54 DCR 12230; Mar. 9, 2016, D.C. Law 21-77, § 2(b), 63 DCR 756; Apr. 16, 2020, D.C. Law 23-81, § 3(c), 67 DCR 2498.)

Section References

This section is referenced in § 38-651.01.

Effect of Amendments

The 2016 amendment by D.C. Law 21-77 would have added “or, if the student is 18 years of age or older, another adult suitable to serve as an emergency contact” in (a)(1)(B).

Applicability

Section 7002 of D.C. Law 21-160 repealed section 4 of D.C. Law 21-77. Therefore the changes made to this section by D.C. Law 21-177 have been given effect.

Applicability of D.C. Law 21-77: § 4 of D.C. Law 21-77 provided that the change made to this section by § 2(b) of D.C. Law 21-77 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Student Medical Marijuana Patient Fairness Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-199, Jan. 16, 2020, 67 DCR 585).

For temporary (90 days) amendment of this section, see § 3 of Student Medical Marijuana Patient Fairness Emergency Amendment Act of 2019 (D.C. Act 23-126, Oct. 7, 2019, 66 DCR 13161).

For temporary (90 day) addition, see § 4 of Student Access to Treatment Emergency Amendment Act of 2007 (D.C. Act 17-82, July 26, 2007, 54 DCR 7999).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of Student Medical Marijuana Patient Fairness Temporary Amendment Act of 2019. (D.C. Law 23-35, Dec. 24, 2019, 66 DCR 14302).

Section 4 of Law 17-52 added a section to read as follows:

“Sec. 4. Medication action plan.

“(a) No student shall possess or self-administer medication at the school in which the student is currently enrolled, at school-sponsored activities, or while on school-sponsored transportation, unless the school has a valid medication action plan for that student.

“(b) A valid medication action plan shall include:

“(1) Written medical authorization, signed by the student’s health practitioner, that states:

“(A) The name of the student;

“(B) Emergency contact information for the responsible person;

“(C) Contact information for the health practitioner;

“(D) The name, purpose, and prescribed dosage of the medication;

“(E) The frequency that the medication is to be administered;

“(F) The possible side effects of the medication;

“(G) Special instructions or emergency procedures; and

“(H) In the case of self-administered medication, confirmation that the student has been instructed in the proper technique for self-administration of the medication and has demonstrated the ability to self-administer the medication effectively;

“(2) Written authorization, signed by the responsible person, that states:

“(A) A trained school employee may administer medication to the student in accordance with rules established by the Mayor; or

“(B) In the case of self-administration, the student may possess and self-administer the medication at the school in which the student is currently enrolled, at school-sponsored activities, and while on school-sponsored transportation; and

“(3) Written acknowledgment that the school and its employees shall incur no liability and that the responsible person shall indemnify and hold harmless the school and its employees against any claims that may arise relating to the administration, general supervision, training, administration, or self-administration of the authorized medication.

“(c) Within 30 days of any changes in the student’s health that affect the medication action plan, the responsible person shall revise the medication action plan and submit the amended plan to the school.

“(d) The medication action plan shall be updated at least annually, in accordance with a schedule determined by the Mayor.

“(e) A school may deny a medication action plan, pursuant to terms established by the Mayor.”

Section 11(b) of D.C. Law 17-52 provided that the act shall expire after 225 days of its having taken effect.