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School Health Assistant Legal Overview

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* Lower Court Rulings (cont.) ... Macomb Intermediate Schools (1991) Court issued a permanent injunction against the ... (cont.) US Supreme Court Cases US ... – PowerPoint PPT presentation

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Title: School Health Assistant Legal Overview


1
School Health AssistantLegal Overview
  • Janie Lee Hall, School Health Advocate, NW
    Region, Office of School Adolescent Health,
    NMDOH
  • Reference Legal Issues in School Health
    Services, Nadine Schwab Mary Gelfman

2
Legal Overview Objectives
  • Identify key federal state laws related to
    school health
  • Describe criminal/civil liability and potential
    legal risks in school health

3
Sources of Law
  • State federal constitutions
  • State federal legislation
  • Administrative regulations
  • Case law (aka common law)

4
Criminal Law
  • Addresses violations of criminal statutes
  • Cases brought by government authority
  • Standard for guilt is beyond a reasonable doubt

5
Civil Law
  • Cases brought by governmental authority or an
    individual seeking compensation for harm
  • Tort actions address wrongful acts committed by
    individuals against other individuals

6
Civil Law (cont.)
  • Negligence is the failure to act as an ordinary
    prudent person would act in similar
    circumstances
  • Malpractice is negligence by a professional,
    failure to meet the standard of care

7
Civil Law (cont.)
  • Standards of care are based on
  • Licensure laws regulations
  • Professional standards of practice
  • Policies/procedures/job descriptions
  • Current practice in the community

8
Civil Law (cont.)
  • To prove liability, plaintiff must find
  • Duty to provide care
  • Breach of that duty
  • Proximate cause
  • Damages (harm)
  • Standard for liability is a preponderance of
    evidence

9
Federal Education Laws
  • IDEA Individuals with Disabilities Education Act
    (1990)
  • Entitles students with disabilities a free
    appropriate education in the least restrictive
    environment

10
Federal Education Laws (cont.)
  • FERPA Federal Educational Rights and Privacy Act
  • Requires educational agencies to hold all
    educational records confidential,
  • Only available to parents, students over 18
    years, and those who have a legitimate
    educational interest

11
Federal Civil Rights Laws
  • Rehabilitation Act/Section 504 (1973)
  • Assures access to buildings, programs, and
    services
  • Prohibits discrimination on the basis of handicap

12
Federal Health Laws
  • HIPAA Health Insurance Portability
    Accountability Act (1996)
  • Assures privacy protections of individually
    identifiable health information for covered
    entities
  • Exchange of information about medications,
    treatment orders, and immunizations with the
    students medical provider is allowable.

13
Federal Health Laws (cont.)
  • OSHA Occupational Health Safety Administration
  • Obligates employers to create and maintain a safe
    working environment for employees

14
New Mexico Laws Regulations
  • Public Education
  • Licensure Competencies
  • Screening Student Assistance
  • Documentation/Record Retention
  • Public Health Act
  • Public Health Authority
  • Confidential Services for Minors
  • Childrens Code
  • Child Abuse Neglect

15
NM Laws Regs (cont.)
  • Nursing Practice Act
  • Standards of nursing practice
  • Misdemeanor to
  • practice professional or licensed practical
    nursing unless duly licensed to do so
  • imply that he/she is a registered nurse of
    licensed practical nurse unless duly licensed to
    do so
  • Proof of a single act may result in imprisonment
    for up to one year, a fine of up to 1,000, or
    both

16
US Supreme Court Cases
  • Brown v. Board of Education (1954)
  • Ruled that separate schools for black children
    were not equal educational opportunity
  • Mills v. DC Board of Education (1972) North v.
    DC Board of Education (1979)
  • Established that children with disabilities were
    entitled to appropriate educational opportunities

17
US Supreme Court Cases (cont.)
  • Hudson School District v. Rowley (1982)
  • Set forth judicial standards for the
    appropriateness of a special education program
    for an individual student
  • Cedar Rapids Community School District v. Garret
    F (1999)
  • Ruled that nursing services required for a
    ventilator dependent student under IDEA, and
    rejected cost-balancing tests of many earlier
    court decisions.

18
Lower Court Rulings
  • Mitts, Carol v. Hillsboro Union High (1990)
  • Case brought by school health aide who was
    assigned by the principal to perform clean
    intermittent catheterization for a student.
  • Principal was found to be practicing nursing
    without a licensenot so much because he
    assigned the task of CIC, but that he assumed the
    functions of health assessment, diagnosis
    planning.

19
Lower Court Rulings (cont.)
  • Macomb Federation of Teachers v. Macomb
    Intermediate Schools (1991)
  • Court issued a permanent injunction against the
    districts plan to delegate certain nursing
    procedures, reinforcing that the decision to
    delegate must be made by the professional nurse,
    and that the delegator must meet the supervisory
    standard (available for direct communication).

20
Negligence Cases
  • Mogabab v Orleans Parish Schools (1970)
  • 16 y.o. student became ill during football
    practice at 520 pm
  • Mother notified at 645 pm, and it was she who
    called for medical assistance
  • Student arrived at the hospital at 730 pm, and
    died at 230 am
  • Parents sued coaches, PE supervisor, principal,
    superintendent school board

21
Negligence Cases (cont.)
  • How do you think the court ruled?
  • Was there a duty to provide care?
  • Was there a breach of duty?
  • Were there damages?
  • Was there proximate cause?
  • Who (if anyone) do you think was held liable?

22
Negligence Cases (cont.)
  • Mogabab v. Orleans Parish Outcome
  • Despite vigorous dispute about causation, the
    court found that the student more likely than
    not would have survived if he had received
    prompt medical attention
  • Judgement was entered against the coaches only

23
Negligence Cases (cont.)
  • Nance v. Mathews (1993)
  • Case in which a school health assistant failed to
    carry out urinary catheterization, as delegated
    by the school nurse, on a student with spina
    bifida, resulting in physical injuries and mental
    trauma
  • Parents sued the health assistant, nurse,
    principal, and special education director

24
Negligence Cases (cont.)
  • How do you think the court ruled?
  • Was there a duty to provide care?
  • Was there a breach of duty?
  • Were there damages?
  • Was there proximate cause?
  • Who (if anyone) do you think was held liable?

25
Negligence Cases (cont.)
  • Nance v. Mathews Outcome
  • Health assistant was found liable
  • Case against the principal, school nurse, and
    special education director was dismissed, because
    delegation was within the scope of the
    supervisors responsibility, and no one could
    have predicted that the aide would neglect to
    carry out the catheterization on that day

26
Negligence Cases (cont.)
  • Declout v. Orleans Parish Schools (1998)
  • 18 y.o. student died of an asthma attack at
    school, after school officials delayed calling
    911 as the student requested, while trying to
    contact the mother to see if she would pay for an
    ambulance
  • Parents sued the principal, guidance counselor,
    and school board.

27
Negligence Cases (cont.)
  • How do you think the court ruled?
  • Was there a duty to provide care?
  • Was there a breach of duty?
  • Were there damages?
  • Was there proximate cause?
  • Who (if anyone) do you think was held liable?

28
Negligence Cases (cont.)
  • Declout v. Orleans Parish Outcome
  • Principal found negligent for shirking his duty
    to protect the child from harm
  • Guidance counselor was found negligent for
    abandoning common sense and placing rigid rules
    before a dying childs request
  • School board was fount negligent for failing to
    provide adequate training for its employees and
    failing to have a clear policy on medical
    emergencies

29
Remember...
  • Keep the best interest of student in mind
  • Make sure accurate job descriptions, policies and
    procedures are in place
  • Keep accurate records---document what you do
    (including communication)
  • Maintain a positive working relationship with the
    student, family and school nurse.
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