N.C.P.I.—Crim. 239.90

NOTE WELL: Use this instruction for offenses occurring on or

after December 1, 2003.

The defendant has been charged with felonious unauthorized

administration of medication to a child. For the defendant to be found guilty

of this offense, the State must prove four things beyond a reasonable doubt:

First, that the defendant administered [prescription] [over the counter]

medication to a child attending a child care facility. 1

Second, that at the time the defendant administered the medication he

was an [employee] [owner] [household member] [volunteer] [operator] of

the [licensed] [unlicensed] child care facility that the child was attending.

Third, that the defendant acted willfully and without written

authorization 2 in administering the medication.

And Fourth, that serious injury resulted to the child.

NOTE WELL: Subsection (b] of the statute states that in the

event of an emergency medical condition and the child's parent

or guardian is unavailable, it shall not be unlawful to administer

medication to a child attending the child care facility without

written authorization as required under subsection (a] of this

section if the medication is administered with the authorization

and in accordance with instructions from a bona fide medical

care provider. For purposes of this subsection, the following

definitions apply:

1) A bona fide medical care provider means an individual who

is licensed, certified, or otherwise authorized to prescribe

the medication.

2) An emergency medical condition means circumstances

where a prudent layperson acting reasonably would have

believed that an emergency medical condition existed.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant willfully and without written

authorization administered [prescription] [over the counter] medication to a

child attending a child care facility, that at the time the defendant

administered the medication he was an [employee] [owner] [household

member] [volunteer] [operator] of the [licensed] [unlicensed] child care

facility that the child was attending, and that serious injury resulted to the

child, then it would be your duty to return a verdict of guilty of felonious

unauthorized administration of medication to a child. If you do not so find, or

have a reasonable doubt as to one or more of these things, you will not

return a verdict of guilty of this offense 3 but will consider whether the

defendant is guilty of misdemeanor unauthorized administration of

medication to a child.

Misdemeanor administration of medication to a child differs from the

felony in that the unauthorized administration of medication need not result

in serious injury to the child.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant willfully and without written

authorization administered [prescription] [over the counter] medication to a

child attending a child care facility and that at the time the defendant

administered the medication he was an [employee] [owner] [household

member] [volunteer] [operator] of the [licensed] [unlicensed] child care

facility that the child was attending, it would be your duty to return a verdict

of guilty of misdemeanor unauthorized administration of medication to a

child. If you do not so find, or have a reasonable doubt as to one or more of

these things, it would be your duty to return a verdict of not guilty.