Is it legal for a teacher in a private school to treat a mediccaly fragile child?

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Is it legal for a teacher in a private school to treat a mediccaly fragile child?

I am a certified teacher teaching in a private school that does not provide a nurse. Is it legal for me to treat a child that suffers from juvenile diabetes? I was told that it was my job to test and administer the correct medication all while watching my other students!

Asked on August 25, 2011 New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, it is possibly not legal--it could potentially constitute the unauthorized practice of medicine.

Second, even if technically "legal," it is incredibly ill-advised and dangerous--you could find yourself liable for--

* any injuries or infections you cause

* injury or illness suffered because you took responsibility to test but missed something

* possibly for child sexual abuse of some kind, if the physical contact is taken to be improper

There is no circumstances under which you can safely do this. And note: if you are liable, your employer would be liable, too. You may wish to discuss the risk with them; and if they still insist, consult with an employment attorney about your rights and recourse. Under no circumstances administer medicine or medical tests to a child not your own. Good luck.


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