N.Y. Education Law § 916-b: Pupils with diabetes

§ 916-b. Pupils with diabetes. 1. The board of education or trustees

of each school district and board of cooperative educational services

shall allow pupils who have been diagnosed with diabetes to carry

glucagon and carry and use insulin through appropriate medication

delivery devices and equipment and/or to carry and use equipment and

supplies necessary to check blood glucose levels and ketone levels, as

prescribed by a physician or other duly authorized healthcare provider,

during the school day on school property and at any school function as

such terms are defined, respectively, by subdivisions one and two of

section eleven of this chapter, with parental consent and the written

permission of a physician or other duly authorized health care provider.

The written permission shall include an attestation by the physician or

the health care provider confirming the following: (a) the pupil's

diagnosis of diabetes makes the delivery of insulin and glucagon through

appropriate medication delivery devices during the school day on school

property or at any school function necessary and/or makes the use of

equipment and supplies to check blood glucose levels and ketone levels

necessary; and (b) that the pupil has demonstrated that he or she can

self-administer the prescribed insulin effectively and can self check

glucose or ketone levels and can independently follow the treatment

orders prescribed by the physician or other authorized health care

provider in the written permission. The written permission shall

identify prescribed blood glucose tests, ketone tests, insulin and

glucagon to be used by the pupil at school and/or during school

functions. If insulin or glucagon is prescribed, the written permission

shall include the name of the type of insulin, the dose or dose range,

the times when the medication is to be taken, the type of insulin

delivery system and any other information prescribed by the commissioner

in regulation, after consultation with the commissioner of health. A

record of such consent and permission shall be maintained in the

student's cumulative health record. In addition, upon the written

request of a parent or person in parental relation, the board of

education or trustees of a school district and board of cooperative

educational services shall allow such pupils to maintain extra insulin

and an insulin delivery system, glucagon, blood glucose meters and

related supplies used to treat such pupil's diabetes in the care and

custody of a licensed nurse, nurse practitioner, physician assistant, or

physician employed by such district or board of cooperative educational

services, and shall be readily accessible to such pupil. Nothing in this

section shall require a school district or board of cooperative

educational services to retain a licensed nurse, nurse practitioner,

physician assistant, or physician solely for the purpose of taking

custody of extra insulin and an insulin delivery system, glucagon, blood

glucose meters and related supplies used to treat such pupil's diabetes,

or require that a licensed nurse, nurse practitioner, physician

assistant, or physician be available at all times in a school building

for the purpose of taking custody of extra insulin and an insulin

delivery system, glucagon, blood glucose meters and related supplies. In

addition, the medication and devices, equipment and supplies provided by

the pupil's parents or persons in parental relation shall be made

available to the pupil as needed in accordance with the school

district's or board of cooperative educational services' policy and the

orders prescribed in the written permission of the physician or other

authorized health care provider. Pupils with diabetes may also carry any

food necessary to treat hypoglycemia pursuant to the school district

policy, provided, however, such school district policy shall not

unreasonably interfere with a pupil's ability to treat hypoglycemia.

2. A school district, board of cooperative educational services and/or

their agents or employees shall incur no legal or financial liability as

a result of any harm or injury sustained by a pupil or other person

caused by reasonable and good faith compliance with this section.