Can a school staff member administer emergency medication to a student e.g. Buccal Midazolam for an epileptic seizure?

State indemnity, as operated by the SCA, indemnifies the school, its servants and/or agents in respect of any claims for personal injury and/or loss or damage arising from the negligence of the school, its servants and/or agents, in respect of the care of the student (by designated school staff) in accordance with an agreed healthcare plan.

In addition, under the Civil Law (Miscellaneous Provisions) Act 2011, a teacher acting as a “good Samaritan” in an emergency medical situation shall not be personally liable for any act done in an emergency when providing assistance, advice or care to a person who is (i) in serious and imminent danger, or apparently in serious and imminent danger, of being injured or further injured, (ii) injured or apparently injured, or (iii) suffering, or apparently suffering, from an illness. This applies in any emergency medical situation regardless of whether the person has training in the administration of a particular type of medication or first aid related training. Protection under this act does not apply to gross negligence on the part of a staff member. 

It is worth noting that there is no legal or contractual duty for a member of staff to administer medication or supervise a student taking medication in Ireland. The school should refer to  ‘Managing Chronic Illness at Schools’ which states that

‘any teacher who is willing and confident to administer medication to a student can  do so under controlled guidelines. This teacher will need to have the permission of the Board of Management, have the written approval of parents and be fully trained in procedures.’

This guidance also contains a Healthcare Plan Template, letters for parents, medication record forms and guidance on specific health conditions such as asthma and epilepsy. Some medication may also require specific training on administration, advice should be sought from a relevant healthcare professional and/or organisation such as Epilepsy Ireland. Training is also covered in  ‘Managing Chronic Illness at Schools’.

In the case of specific health issues specific guidance or requirements should also be consulted. For example:

  • Epilepsy Ireland provide advice and resources here and offer training see information here.

  • The Asthma Society of Ireland provide advice and resources here

  • Diabetes Ireland provide advice and resources here.

Incident Response, Emergency Medical CareDavid Cahill