The Pennsylvania Department of Health has released a comprehensive 134-page guide to assist school personnel in complying with Act 86 of 2016, which was enacted this past summer. Act 86 permits the voluntary designation of non-nursing school employees to monitor blood glucose levels and administer diabetes medications according to the diabetic student’s service plan or IEP.
Diabetes affects more than 200,000 school-age children in the United States, and is one of the most common chronic diseases encountered in schools. Effective management at school is accomplished through an individualized health care plan that is incorporated into a 504 plan or an IEP. Historically, only a certified school nurse was authorized to address the medical needs of students with diabetes.
Act 86 permits the school district to identify an employee who is not a school nurse to provide the necessary services a student with diabetes requires. Accepting this designation is voluntary; the identified employee then receives specialized annual training using modules developed by the PA Department of Health in concert with the PA Department of Education. The student’s parent or guardian, and the student’s health care provider, must approve the provision of care by the designated employee.
Students may be authorized to carry and self-administer diabetes medication and monitoring equipment under certain conditions. These include documentation from a health care provider that the student is capable of doing so. The school nurse must also acknowledge the student’s ability. The student must agree in writing that no other students may have access to the medicine and monitoring equipment. Further, the school may revoke the student’s authority to self-medicate if the student demonstrates unwillingness or inability to safeguard the medicine and/or to administer it properly.
Under Act 86, a student’s service plan may include notification to school bus drivers of individual students with diabetes, information about potential emergencies and appropriate responses, as well as emergency contact information.
Bottom Line for Schools
Act 86 addresses some of the common questions raised by school districts for efficient management of the needs of diabetic students. The health and safety of the individual student remains the primary concern, and the use of a designated employee or self-administration of medicine is not rendered mandatory by this new law.
Although not strictly required, schools by this legislation should be encouraged not to keep diabetes medication to the same degree of restriction as other medications. Act 86’s more sensible approach to school based diabetes management is easily defended if insulin or glucose is readily accessible. Emergency administration of diabetes medication is only part of a reasonable response to a hypoglycemia (low blood sugar) episode. Schools are advised to make available high fructose juices and snacks to ensure that the student’s blood sugar remains at normal levels.
School entities with questions about implementation of these provisions, or how best to address the needs of individual students, should contact their solicitor or an attorney at KingSpry for assistance.
School Law Bullets are a publication of KingSpry’s Education Law Practice Group. They are meant to be informational and do not constitute legal advice. John E. Freund, III, is our editor.
