Policy 5141 - Health Care & Emergencies

Health Care & Emergencies

Rule 5141

Emergency Information

In order to facilitate contact in case of an emergency or accident, the principal or designee shall annually request that parents/guardians provide the following information:

1. Home address and telephone number
2. Parent/guardian's business address and telephone number
3. Parent/guardian’s cell phone number and e-mail address, if applicable
4. Name, address and telephone number of an alternative contact person to whom the student may be released and who is authorized by the parent/guardian to care for the student in cases of emergency or when the parent/guardian cannot be reached
5. The name of a local physician or health care provider to call in case of emergency In addition, parents/guardians shall be encouraged to notify the school whenever their emergency contact information changes.

Notification/Consent for Medical Treatment

Whenever a student requires emergency or urgent medical treatment while at school or a school-sponsored activity, the principal or designee shall contact the parent/guardian or other person identified on the emergency contact form in order to obtain consent for the medical treatment.

Note: Pursuant to Education Code 49407, the district may not be held liable for the reasonable treatment of a student during regular school hours if the parent/guardian cannot be reached, unless the parent/guardian has previously filed a written objection to any medical treatment other than first aid.

If the student's parent/guardian or other contact person cannot be reached to provide consent, the principal may seek reasonable medical treatment for the student as needed, unless the parent/guardian has previously filed with the district a written objection to any medical treatment other than first aid.

Note: Family Code 6550 provides authorization for a caregiver 18 years of age or older who has signed a caregiver's affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor when the minor is residing with the caregiver. Note: Pursuant to Family Code 6550, any person who provides medical care in good-faith reliance on a caregiver's affidavit is not subject to criminal or civil liability or professional disciplinary action for such reliance unless he/she has actual knowledge of facts contrary to those stated on the affidavit.

A person who has filed with the district a completed caregiver's authorization affidavit pursuant to Family Code 6550-6552 shall have the right to consent to or refuse school-related medical care on behalf of the minor student. The caregiver's authorization shall be invalid if the district receives notice from the caregiver that the minor student is no longer living with the caregiver.

The caregiver's consent to medical care shall be superseded by any contravening decision of the parent or other person having legal custody of the student, provided that this contravening decision does not jeopardize the student's life, health, or safety.

Automated External Defibrillators

Note: Education Code 49417, as added by AB 2217 (Ch. 812, Statutes of 2014), and Health and Safety Code 1797.196 clarify that a district or district employee will not be liable for civil damages resulting from any act or omission in the rendering of emergency care or treatment provided the employee complies with the requirements of Health and Safety Code 1797.196 as specified below and does not act with gross negligence or willful or wanton misconduct by using, attempting to use, or maliciously failing to use an AED to render emergency care or treatment.

When an automated external defibrillator (AED) is placed in a district school, the Superintendent or designee shall ensure that:

1. There is a written plan in place which describes the procedures to be followed in the event of an emergency that may involve the use of an AED, including, but not limited to, requirements for immediate notification of the 911 emergency telephone number and trained office personnel at the start of the procedures
2. The Superintendent or designee shall annually provide school employees a brochure that describes the proper use of an AED and is approved in content and style by the American Heart Association or American Red Cross
3. The American Heart Association or American Red Cross brochure or similar information is posted next to every AED
4. School employees are annually notified of the location of all AED units on school grounds