TEACHERS AND THE PROVISION OF MEDICAL SERVICES TO STUDENTS

Questions sometimes arise about whether teachers can or should provide medical services or administer medication to students. While these situations often stem from genuine concern for students’ well-being, they also raise important legal, professional, and safety issues.

The Alberta Teachers’ Association’s Position

The Alberta Teachers’ Association (Association) has a clear and long-standing position on this matter: teachers should not be responsible for providing medical services or administering medication to students on a regular or ongoing basis. These responsibilities are not part of educational duties and require specialized medical training, dedicated time, and appropriate supports.

Medical services in schools should be delivered by trained and competent health-care personnel, with suitable systems in place to ensure continuity, backup support, and safe administration.

Legal Framework: Education Act and Responsibilities

Under the Education Act, students in Alberta have the right to access education. In some cases, this may require school divisions to ensure that necessary medical supports are provided so that a student can attend and participate meaningfully in school.

However, it is critical to distinguish responsibilities:

• School divisions (employers) might need to provide medical supports when necessary to ensure access to education.
• Teachers, under the act, are responsible for instruction and supervision, including carrying out assigned duties; however, providing medical care is not an instructional function.

This distinction is fundamental. The obligation to ensure access to education may be present— but it is the responsibility of the school division, not individual teachers.

Duty of Care and Legal Risk

Canadian case law, including cited decisions of the Supreme Court of Canada, establishes that teachers owe students a “reasonably careful parent” standard of care, tailored to a student’s specific needs.

The following are critical points:

• When teachers assume responsibility for students with medical needs, the standard of care naturally increases.
• This increased responsibility requires being more vigilant in preventing and responding to foreseeable medical issues.
• If a teacher becomes involved in administering treatment or managing a medical regime, they might face extra legal liability. In practical terms, this creates a significant risk exposure when teachers take on roles for which they are neither trained nor employed. Emergency Versus Ongoing Medical Care There is a significant legal difference between emergency and ongoing medical care:
• In an unforeseen emergency, teachers are expected to act reasonably, as any prudent person would. Good Samaritan protections (for example, under emergency aid legislation) may apply. However, having certification in a specific area, such as first aid, could increase the level of accountability since the member has received training and is expected to use it reasonably.
• Ongoing or foreseeable medical needs entail greater liability, particularly when a known condition requires planned intervention, monitoring, or medication.

What Should a Teacher Do?

When a teacher is directed or expected to provide medical services, they should follow these steps:

1. Raise concerns with the principal about the suitability of the assignment.
2. Request that qualified personnel be assigned to address the student’s medical needs.
3. Contact Teacher Employment Membership Support (TEMS) if the issue remains unresolved or if further guidance is needed.
4. Where necessary, clarify the scope of responsibility, especially if appropriate medical supports are not available.

Minimizing Risk and Liability

Teachers can lessen exposure by

• avoiding involvement in administering medication or medical treatment unless properly trained, supported and directed within an appropriate framework;
• ensuring that clear protocols, training and consent are in place where any involvement is expected; and
• recognizing that accepting responsibility, whether explicitly or implicitly, may heighten legal obligations and expectations of care.

WORTH SHARING

Teachers are dedicated to supporting students, but providing medical care is not part of their professional responsibilities. Although school divisions may be responsible for ensuring students have access to education, including arranging necessary medical supports, this duty does not fall on teachers.

When teachers perform medical duties, even informally, they may be subject to a higher legal standard of care and face increased liability. The Association’s position is clear: medical services should be provided by trained health professionals, with appropriate supports in place. Teachers asked to carry out such services should raise concerns and seek help through TEMS (1-800-2327208) to ensure both student safety and their own professional protection.

Read the full Worth Knowing.
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