§ 38–621. Assignment to schools; hours; level of services; nurse or athletic trainer at sponsored athletic events; funding.

(a) A registered nurse shall be assigned to each District of Columbia (“District”) elementary and secondary public and public charter school a minimum of 12 hours per week during each semester and during summer school if a summer school program is operated.

(b)(1) The minimum hours per week of registered nurse services at each school shall increase from 12 to 16 hours per week beginning 1 year after December 10, 1987. The minimum hours per week of registered nurse services at each school shall increase from 16 to 20 hours per week beginning 2 years after December 10, 1987.

(2) Licensed practical nurses may be used to supplement the registered nurse work force in meeting the required 20 hours per week minimum registered nurse services at each elementary and middle school. The licensed practical nurses shall perform their duties under the appropriate supervision and in general collaboration with the registered nurses.

(c-1) Any school that, on October 25, 2016, received school nursing services pursuant to this section that exceeded the hours per week prescribed by subsection (b) of this section shall continue the level of service existing on that date, or the level recommended by the Department of Health's risk-based assessment, whichever is greater, for school year 2018-2019.

(d) Appropriate medical coverage, as defined in rules issued by the Board of Education in accordance with subchapter I of Chapter 5 of Title 2, and in consultation with the Director, Department of Health, shall be provided by the Board of Education at any interscholastic athletic event if the event is sponsored by a District public school, occurs in the District, and is identified as requiring medical coverage by rule. This medical coverage may include, but is not limited to:

(1) A licensed medical doctor;

(2) A registered nurse;

(3) A certified athletic trainer;

(4) An emergency medical technician (“EMT”) or paramedic;

(5) A certified prehospital care provider (as determined by the Director, Department of Health); or

(6) An adult trained by the Red Cross with current certification in cardiopulmonary resuscitation (“CPR”), first aid, or life-saving.

(e)(1) Appropriate medical coverage shall be consistent with the risk of injury involved in the interscholastic athletic event. The medical personnel that shall be present at an interscholastic athletic event that occurs in the District and that is sponsored by a District secondary public school shall be detailed as follows:

(A) For varsity football, a licensed medical doctor and for non-varsity football, a licensed medical doctor or certified athletic trainer;

(B) For basketball, wrestling, soccer, indoor or outdoor track and field events, or cross-country, at least 1 licensed doctor, certified athletic trainer, registered nurse, EMT or paramedic, or any other certified prehospital care provider, as determined by the Director, Department of Health;

(C) For volleyball, baseball, softball, or swimming, at least 1 licensed medical doctor, certified athletic trainer, registered nurse, EMT or paramedic, any other certified prehospital care provider, as determined by the Director, Department of Health, or adult trained by the American Red Cross with current certification in CPR, first aid, or life-saving;

(D) For tennis or golf, medical personnel coverage shall be optional as financial resources allow; and

(E) For any other sport, the appropriate level of medical personnel coverage, commensurate with the risk of injury involved, shall be set by the Superintendent of Schools of the District of Columbia, in consultation with the Director, Department of Health, and approved by the Board of Education; and

(2) The medical personnel coverage services shall be in addition to the minimum hours of registered nurse services required by subsection (a) or (b) of this section.

(f) Sufficient funds to carry out the requirements of this section shall be appropriated out of the general revenues of the District.

(g) Beginning with the fiscal year 1991, the responsibility for implementation of this act shall be transferred from the Department of Human Services to the Board of Education.

(Dec. 10, 1987, D.C. Law 7-45, § 2, 34 DCR 6845; July 25, 1990, D.C. Law 8-149, § 2, 37 DCR 3717; Aug. 17, 1991, D.C. Law 9-29, § 2, 38 DCR 4213; Mar. 20, 1998, D.C. Law 12-60, § 401, 44 DCR 7378; Apr. 13, 1999, D.C. Law 12-224, § 2, 46 DCR 483; Apr. 13, 2005, D.C. Law 15-353, § 602, 52 DCR 2331; Feb. 17, 2018, D.C. Law 22-61, § 2, 65 DCR 127; Oct. 30, 2018, D.C. Law 22-164, § 304, 65 DCR 9324; Sept. 6, 2023, D.C. Law 25-50, § 7002, 70 DCR 10366.)

Prior Codifications

1981 Ed., § 31-2421.

Effect of Amendments

D.C. Law 15-353, in subsec. (a), inserted “and public charter” following “public”.

Applicability

Section 7002 of D.C. Law 25-50 repealed D.C. Law 22-61 including the applicability provision impacting this section.

Applicability of D.C. Law 22-61: § 3 of D.C. Law 22-61 provided that the change made to this section by § 2 of D.C. Law 22-61 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Public School Nurse Assignment Emergency Amendment Act of 2018 (D.C. Act 22-428, July 25, 2018, 65 DCR 7992).

For temporary (90 days) amendment of this section, see § 2 of Public School Nurse Assignment Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-179, Nov. 22, 2017, 64 DCR 12290).

For temporary (90 days) amendment of this section, see § 2 of Public School Nurse Assignment Emergency Amendment Act of 2017 (D.C. Act 22-147, Oct. 10, 2017, 64 DCR 10445).

For temporary (90 days) amendment of this section, see § 2 of Public School Nurse Assignment Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-15, Feb. 27, 2017, 64 DCR 2359).

For temporary (90 days) amendment of this section, see § 2 of Public School Nurse Assignment Emergency Amendment Act of 2016 (D.C. Act 21-535, Nov. 18, 2016, 63 DCR 14347).

For temporary amendment of section, see § 401 of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and § 401 of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).

For temporary amendment of section, see § 2 of the Public School Nurse Assignment Emergency Amendment Act of 1998 (D.C. Act 12-448, September 18, 1998, 45 DCR 6665), and § 2 of the Public School Nurse Assignment Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-555, December 30, 1998, 45 DCR 570).

For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2002 (D.C. Act 14-310, March 26, 2002, 49 DCR 3420).

For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).

For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).

For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Second Emergency Amendment Act of 2003 (D.C. Act 15-279, December 18, 2003, 51 DCR 60).

For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-407, March 18, 2004, 51 DCR 3659).

For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2004 (D.C. Act 15-630, November 30, 2004, 52 DCR 1143).

For temporary (90 day) amendment of section, see § 602 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-30, February 17, 2005, 52 DCR 2993).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Public School Nurse Assignment Temporary Amendment Act of 2017 (D.C. Law 22-32, Dec. 7, 2017, 64 DCR 10738).

For temporary (225 days) amendment of this section, see § 2 of Public School Nurse Assignment Temporary Amendment Act of 2016 (D.C. Law 21-207, Feb. 18, 2017, 63 DCR 15054).

D.C. Law 12-59 substituted “Director, Department of Health” for “Commissioner of Public Health” in the introductory language of (d) and in (d)(5), (e)(1)(B), (e)(1)(C), and (e)(1)(E).

Section 2001(b) of D.C. Law 12-59 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 12-182 in (e)(1)(A), inserted “varsity,” and added “and for non-varsity football, a licensed medical doctor or certified athletic trainer.”

Section 4(b) of D.C. Law 12-182 provided that the act shall expire after 225 days of its having taken effect.

Section 602 of D.C. Law 14-164, in subsec. (a), inserted “and public charter” following “public”.

Section 1101(b) of D.C. Law 14-164 provided that the act shall expire after 225 days of its having taken effect.

Section 602 of D.C. Law 15-2 amended subsec. (a) by inserting “and public charter” after “public”.

Section 1101 (b) of D.C. Law 15-2 provided that the act shall expire after 225 days of its having taken effect.

Section 602 of D.C. Law 15-117, in subsec. (a), inserted “and public charter” after “public”.

Section 1101(b) of D.C. Law 15-117 provided that the act shall expire after 225 days of its having taken effect.

Section 602 of D.C. Law 15-319, in subsec. (a), substituted “public and public charter” for “public.”

Section 901(b) of D.C. Law 15-319 provided that the act shall expire after 225 days of its having taken effect.

References in Text

“This act” referred to in (g) is D.C. Law 8-149.