CHAPTER 21

FORMERLY

HOUSE BILL NO. 39

AS AMENDED BY HOUSE AMENDMENT NO. 2, HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 2 AND HOUSE AMENDMENTS NOS. 3, 4 AND 5

AN ACT TO AMEND SECTION 1921, TITLE 24 OF THE DELAWARE CODE RELATING TO EXCEPTIONS FROM THE NURSING ACT.

WHEREAS, the present Nursing Act precludes the administration of medication in child day care homes or child day care centers, permitting assistance only after completion of a state-approved medication training program; and

WHEREAS, public policy calls for a further exception to the Act providing for administration of medication with written parental permission.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subsection (a) (10), Section 1921, Title 24 of the Delaware Code by striking therefrom the words "Child care homes or child day care centers or".

Section 2. Amend Section 1921 (a), Title 24 of the Delaware Code by redesignating

Subsections (11) and (12) as Subsections (12) and (13) and creating a new Subsection (11) which shall read as follows:

"(11) Administration of prescription or non-prescription medications, other than by injection, by child care providers, who have successfully completed a State approved medication training program, to children in child day care homes or child day care centers regulated by the State under Sections 341-344 Chapter 3, Title 31 of this Code provided the medication and written permission for the administration of the particular medication has been obtained from the child's parent or legal guardian and further provided the medication is in its original container, properly labeled. Properly labeled medication shall include instructions for administration of the medication;"

Approved May 14, 1987.