§ 23-13-26 - Technology-dependent children – Definitions – Caretakers' skills.
SECTION 23-13-26
§ 23-13-26 Technology-dependent children– Definitions – Caretakers' skills. – (a) For the purposes of this section, the following definitions apply:
(1) "Advanced skills" means familiarity and currentexperience with the following:
(i) Pediatric intensive care assessments skills;
(ii) Ventilator and respirator equipment;
(iii) Maintenance in oxygen therapy and pulse oximeterequipment;
(iv) Tracheostomy care – daily and emergency care;
(v) Respiratory suctioning and maintenance of suctioningequipment;
(vi) Administration of respiratory treatment and chesttherapy;
(vii) Gastrostomy and naso-gastric care and gavage/pumpfeedings;
(viii) Administration and familiarity of multiplecardio–pulmonary medications; and
(ix) Basic life support certification and periodicrecertification.
(2) "Medical devices or equipment" include, but are notlimited to, the following:
(i) Respirator;
(ii) Tracheostomy;
(iii) Oxygen;
(iv) Naso-gastric or gastrostomy tube;
(v) Indwelling catheter;
(vi) Intravenous device;
(vii) Total parenteral nutritional support; and
(viii) Peritoneal or hemodialysis.
(3) "Technology-dependent children" means:
(i) Children who have severe, chronic disabilitiesattributable to a mental or physical impairment or combination of mental andphysical impairments, which disability is manifested before the person attainsthe age of twenty-two (22), is likely to continue indefinitely, results insubstantial functional limitations in three (3) or more of the following areasof major life activity:
(A) Self-care;
(B) Receptive and expressive language;
(C) Learning;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent living; or
(G) Economic self-sufficiency; and
(ii) Who requires medical devices or equipment to compensatefor the chronic, persistent reduction or absence of a vital body function.
(b) Certified school nurse teachers, as defined in §16-21-8, who provide direct care for technology-dependent children shall haveadvanced skills which include, but are not limited to, those skills insubsection (a)(1) of this section.
(c) The specific guidelines for the care oftechnology-dependent children in schools shall be included in the rules andregulations issued jointly by the director of the department of health and theboard of regents for elementary and secondary education under the provisions ofU.S. Public Law 108-446, 20 U.S.C. § 1400 et seq., and chapter 24 of title16 as part of the school health program.
(d) Nothing in § 16-11-2 shall be construed to preventthe board of regents from promulgating regulations requiring certified nurseteachers who provide direct care for technology-dependent children to obtainthe advanced skills required under this section.
(e) The obligation of a school district to provide theservices set forth in this section shall be determined in accordance with otherapplicable state and federal laws and regulations.