§ 916-B — Pupils with diabetes

§ 916-b. Pupils with diabetes. 1. The board of education or trustees\nof each school district and board of cooperative educational services\nshall allow pupils who have been diagnosed with diabetes to carry\nglucagon and carry and use insulin through appropriate medication\ndelivery devices and equipment and/or to carry and use equipment and\nsupplies necessary to check blood glucose levels and ketone levels, as\nprescribed by a physician or other duly authorized healthcare provider,\nduring the school day on school property and at any school function as\nsuch terms are defined, respectively, by subdivisions one and two of\nsection eleven of this chapter, with parental consent and the written\npermission of a physician or other duly authorized health care provider.\nThe written permission shall include an attestation by the physician or\nthe health care provider confirming the following: (a) the pupil's\ndiagnosis of diabetes makes the delivery of insulin and glucagon through\nappropriate medication delivery devices during the school day on school\nproperty or at any school function necessary and/or makes the use of\nequipment and supplies to check blood glucose levels and ketone levels\nnecessary; and (b) that the pupil has demonstrated that he or she can\nself-administer the prescribed insulin effectively and can self check\nglucose or ketone levels and can independently follow the treatment\norders prescribed by the physician or other authorized health care\nprovider in the written permission. The written permission shall\nidentify prescribed blood glucose tests, ketone tests, insulin and\nglucagon to be used by the pupil at school and/or during school\nfunctions. If insulin or glucagon is prescribed, the written permission\nshall include the name of the type of insulin, the dose or dose range,\nthe times when the medication is to be taken, the type of insulin\ndelivery system and any other information prescribed by the commissioner\nin regulation, after consultation with the commissioner of health. A\nrecord of such consent and permission shall be maintained in the\nstudent's cumulative health record. In addition, upon the written\nrequest of a parent or person in parental relation, the board of\neducation or trustees of a school district and board of cooperative\neducational services shall allow such pupils to maintain extra insulin\nand an insulin delivery system, glucagon, blood glucose meters and\nrelated supplies used to treat such pupil's diabetes in the care and\ncustody of a licensed nurse, nurse practitioner, physician assistant, or\nphysician employed by such district or board of cooperative educational\nservices, and shall be readily accessible to such pupil. Nothing in this\nsection shall require a school district or board of cooperative\neducational services to retain a licensed nurse, nurse practitioner,\nphysician assistant, or physician solely for the purpose of taking\ncustody of extra insulin and an insulin delivery system, glucagon, blood\nglucose meters and related supplies used to treat such pupil's diabetes,\nor require that a licensed nurse, nurse practitioner, physician\nassistant, or physician be available at all times in a school building\nfor the purpose of taking custody of extra insulin and an insulin\ndelivery system, glucagon, blood glucose meters and related supplies. In\naddition, the medication and devices, equipment and supplies provided by\nthe pupil's parents or persons in parental relation shall be made\navailable to the pupil as needed in accordance with the school\ndistrict's or board of cooperative educational services' policy and the\norders prescribed in the written permission of the physician or other\nauthorized health care provider. Pupils with diabetes may also carry any\nfood necessary to treat hypoglycemia pursuant to the school district\npolicy, provided, however, such school district policy shall not\nunreasonably interfere with a pupil's ability to treat hypoglycemia.\n 2. A school district, board of cooperative educational services and/or\ntheir agents or employees shall incur no legal or financial liability as\na result of any harm or injury sustained by a pupil or other person\ncaused by reasonable and good faith compliance with this section.\n