N.C.P.I.—Crim. 239.91

NOTE WELL: Use this instruction for offenses occurring on or

after December 1, 2003.

The defendant has been charged with unauthorized administration of

medication to a child. For the defendant to be found guilty of this offense,

the State must prove three 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.

And Third, that the defendant acted willfully and without written

authorization 2 in administering the medication 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 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. 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.