Oregon Statutes 339.870 – Liability of school personnel administering medication or short-acting opioid antagonist
(1)(a) A school administrator, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of the administration of nonprescription medication, if the school administrator, teacher or other school employee in good faith administers nonprescription medication to a student pursuant to written permission and instructions of the student’s parents or guardian.
Terms Used In Oregon Statutes 339.870
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(b) A school administrator, teacher or other school employee may administer a short-acting opioid antagonist to a student who experienced or is experiencing an opioid overdose without written permission and instructions of the student’s parents or guardian.
(2)(a) A school administrator, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of the administration of prescription medication, if the school administrator, teacher or other school employee in compliance with the instructions of a physician, physician assistant, nurse practitioner, naturopathic physician or clinical nurse specialist, in good faith administers prescription medication to a student pursuant to written permission and instructions of the student’s parents or guardian.
(b) A person may not maintain an action for injury, death or loss that results from acts or omissions of a school administrator, teacher or other school employee during the administration of a short-acting opioid antagonist as described in subsection (1)(b) of this section unless it is alleged and proved by the complaining party that the school administrator, teacher or other school employee was grossly negligent in administering the short-acting opioid antagonist.
(c) Unless it is alleged and proved by the complaining party that the school district or member of the school district board was grossly negligent in administering the short-acting opioid antagonist, a person may not maintain an action for damages for injury, death or loss that results from acts or omissions of a school district or members of the school district board during the administration of a short-acting opioid antagonist:
(A) As described in subsection (1)(b) of this section; or
(B) By any person who administers the short-acting opioid antagonist to a student or other individual who the person believes is experiencing an opioid overdose and the administration occurs on school premises, including at a school, on school property under the jurisdiction of the school district or at any activity under the jurisdiction of the school district.
(3) The civil and criminal immunities imposed by subsections (1) and (2)(a) of this section do not apply to an act or omission amounting to gross negligence or willful and wanton misconduct. [Formerly 336.650; 1997 c.144 § 2; 2001 c.143 § 1; 2005 c.462 § 1; 2017 c.356 § 29; 2023 c.593 § 12]