(1) C.G.S. §10-212 states that each local or regional board of education shall appoint one or more school nurses or nurse practitioners. Such school nurses and nurse practitioners appointed by such boards shall be qualified pursuant to regulations adopted in accordance with the provisions of chapter 54 by the State Board of Education with the technical advice and assistance of the Department of Public Health. Such school nurses may also act as visiting nurses in the town, may visit the homes of pupils in the public schools and shall assist in executing the orders of the school medical advisor, if there is any in such town, and perform such other duties as are required by such board.
(a) My interpretation of this is that while it is mandatory to hire only one school nurse or practitioner if more than one person is hired in the role of a school nurse or under the job description of school nurse each must be qualified under §10-212-2-3. Is this a correct interpretation?
I agree that Section 10-212 of the General Statutes only requires school districts to hire one school nurse or practitioner for each school district, but if more than on individual is hired as a school nurse, each must be qualified pursuant to Section 10-212-2 and 3 of the Regulations of Connecticut State Agencies. However this does not preclude a district from hiring assistants to school nurses, such as LPNs who would not be required to meet those qualifications.
(2) A nurse or nurse practitioner who meets the licensure requirements of subsection (a) of §10-212-2 of these regulations, was employed as a nurse in a school as of September 1, 1982, and has worked in that position for the equivalent of five years full time, is considered a qualified school nurse. Any nurse hired to function in the role or under the job description of a school nurse after September 1, 1982 must meet the qualifications, or the provisional qualifications in §10-212-4. A provisionally qualified school nurse must complete the requirements of §10-212-2 within three years in order to function in the role of a school nurse or under the job description of a school nurse. Is this a correct interpretation?
I agree with your second statement as well. A nurse or practitioner who meets the licensure requirements of subsection (a) of Section 10-212-2 of the Regulations, who was employed as a nurse in a school as of September 1, 1982, and who has worked in that position for the equivalent of five years full time is considered to have met all the qualifications of a school nurse under Section 10-212-2. Any nurse hired to function in the role of a school nurse after September 1, 1982 must meet those qualifications, or the provisional qualifications of Section 10-212-4. A provisionally qualified school nurse must complete the requirements of Section 10-212-2 within three years in order to function as a school nurse.
(3) In light of the wording in C.G.S. §10-212, "Each local or regional board of education shall appoint one or more school nurses or nurse practitioners. Such school nurses and nurse practitioners appointed by such boards shall be qualified pursuant to regulations adopted in accordance with the provisions of chapter 54 by the State Board of Education with the technical advice and assistance of the Department of Public Health", .I contend that the intent of §10-212-6 Authority of a local or regional board of education to appoint a school nurse "A local or regional board of education may require that each registered nurse providing school health services meets the qualifications as set forth in Section 10-212-2 of these regulations whether employed by the board of education or appointed under contract with a local health agency," was that nurses appointed by a local health agency, such as a visiting nurse agency or local health department could be required to meet the requirements under 10-212-2 as well as those appointed by the board of education. Can you please clarify this for me? Since § 10-212-7 allows compliance in a different manner for towns having a population under ten thousand, which have appointed a legally qualified practitioner as a school medical advisor, this would seem to be the realistic approach to small towns not having to meet the requirement of all nurses being qualified. I must point out, however that in many districts, the pay rate would be the same or very similar for qualified or unqualified school nurses. The mandate for only one school nurse per district is continually pointed out to us, however it would seem that the intent of the law "Such school nurses and nurse practitioners appointed by such boards shall be qualified pursuant to regulations adopted in accordance with the provisions of chapter 54 by the State Board of Education, etc." is that any nurse working in that position must be qualified. If a nurse should be hired under a provisional qualification he or she must become qualified within three years to function in the role.
I also agree with you that Section 10-212-6 f the Regulations allows a local or regional board of education to require that all registered nurses providing school health services, whether employed by the board or appointed under contract with a local health agency, meet the qualifications of Section 10-212-2. You appear to believe that Section 10-212-7 makes an exception to this rule. It is my understanding that Section 10-212-7 gives boards of education in towns with populations of less than ten thousand some latitude in demonstrating compliance with qualification requirements, but does not allow the appointment of a school nurse who does not meet the qualifications. Please note that any plan to permit an alternative demonstration of qualifications must be approved by the State Board of Education. I do not believe that any such proposals have been made in a number of years.
Please let me know if you have any questions with regard to the above.
Association
of School Nurses of Connecticut 
