September 30, 2019 at 6:39 pm #129611
I am trying to find the law regarding a minor child carrying their own schedule II drugs. I would like my kid to be able to self administer her after school/before sports meds independently. Looking for a place to find her legal rights. In Massachusetts. TIA.
October 1, 2019 at 6:42 am #129643
Isn’t extended release for this reason ?
October 1, 2019 at 12:10 pm #129664
I’m not aware of an ER that will buy her enough hours. She leaves the house at 7am. School ends at 3:30ish. Practice (at school) ends at 6pm. She gets home about 6:45 and then has homework.
She’d like to take something around 3:30/4 but the school nurse is a stickler about EVERYTHING and my kid just wants to be a regular kid and be able to walk to practice with her teammates right after school. I want to make sure she can legally carry 1 dose each day in her sports bag.
October 2, 2019 at 7:59 am #129722
I understand , I start to drag at the end of the night. (After 11 hours) have you talked to the school nurse ? I think they may be able to hold them , then administer them at the appropriate time.
Hope this helps
October 2, 2019 at 8:38 am #129723
Yes, the school will administer it, but that means being separated from her team for the walk to the field, etc. She’s more than able to remember to take it herself when he changes into her sports gear but I want to be sure she/we don’t get in trouble with the school if she is “caught” with her own medication. I’m trying to find her legal rights.
October 2, 2019 at 9:14 am #129724
As in my case I have researched this via Google. I found a lot of schools have a self -carry /self administer form? I mean if your child’s name is on meds and the school has this form you may be able to move forward with that.
Hope this helps.
October 2, 2019 at 9:37 am #129688
October 2, 2019 at 9:58 am #129730
Thank you Dr. Eric. That’s what I was looking for! My child is in a new school and the old school was fine with “carry it yourself but don’t tell us” whereas the new school is not.
I don’t see in 210.006 where it says anything about only being emergency rx. Is it written there, or is that just what is typically allowed? (I’m not a doctor or a lawyer!) She’s been carrying it for a month now and is doing fine with remembering, but the nurse has been asking questions now after a week long school trip where she was “legally” getting her meds at 4pm also.
I want to encourage independence, and this school is awesome so I’d rather her not get booted, but at the same time a school is about more than just academics and I’d like her to continue to be able to socialize normally and not be singled out.
October 7, 2019 at 11:17 am #130494Dr. EricParticipant
It is between the lines everywhere.
For example, the regs for the epi-pen require a statement of lethal necessity.
If you look at the documentation and security requirements for the health office, “carry your own set of one of the most abused meds by minors” isn’t going to fly.
Even when you look at self-administer, it does not say self-carry.
A child may still need to go to the health office to get their insulin, even if they administer it themselves.
In the end, each school’s liability insurance is going to tell them how to proceduralize the law.
As liability claims keep happening, so will the procedural requirements of each school.
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