If compliance with sections 3 and 4 of this chapter has occurred, a school administrator, teacher, or other school employee designated by the school administrator, after consultation with the school nurse, who in good faith administers to a pupil:

1. (1) a nonprescription medication in compliance with the written permission of the pupil's parent or guardian, except in the case of a life threatening emergency;

2. (2) a legend drug (as defined in IC 16-18-2-199 ) or injectable insulin in compliance with the:

   1. (A) written order of a practitioner; and
   2. (B) written permission of the pupil's parent or guardian, except in the case of a life threatening emergency;
3. (3) a glucose test in compliance with the written order of a practitioner;
4. (4) health care services, basic life support, or other services that require the administrator, teacher, or employee to place the administrator's, teacher's, or employee's hands on the pupil for therapeutic or sanitary purposes; or

5. (5) any combination of subdivisions (1) through (4);

   is not personally liable for civil damages for any act that is incident to or within the scope of the duties of the employee as a result of the administration except for an act or omission amounting to gross negligence or willful and wanton misconduct.

   [Pre-1998 Recodification Citation: 34-4-16.5-3.5(c).]

As added by P.L.1-1998, SEC.26. Amended by P.L.166-2007, SEC.5; P.L.133-2020, SEC.11.