15-344.01. Diabetes management; policies and procedures; civil immunity

A. The school district governing board and the charter school governing body may adopt policies and procedures for pupils who have been diagnosed with diabetes by a health professional who is licensed pursuant to title 32, chapter 13, 14, 17 or 25 or a nurse practitioner who is licensed pursuant to title 32, chapter 15 to manage their diabetes in the classroom, on school grounds and at school-sponsored activities as authorized by the primary health professional who is licensed pursuant to title 32, chapter 13, 14, 17 or 25, nurse practitioner who is licensed pursuant to title 32, chapter 15 or pharmacist who is licensed pursuant to title 32, chapter 18 and who is practicing pursuant to section 32-1970. If a school district or charter school follows the policies and procedures adopted pursuant to this section, the employees of the school district or charter school and members of the school district governing board or charter school governing body are immune from civil liability with respect to the actions taken to adopt policies and procedures pursuant to this section and all decisions made and actions taken that are based on good faith compliance with policies and procedures adopted pursuant to this section.

B. If a school district governing board or charter school governing body adopts policies and procedures pursuant to subsection A of this section, the policies and procedures shall include the following components:

1. The parent or guardian shall annually submit a diabetes medical management plan to the pupil's school that authorizes the pupil to carry appropriate medications and monitoring equipment and that acknowledges that the pupil is capable of self-administration of those medications and equipment. The diabetes medical management plan provided by the parent or guardian shall be signed by a health professional who is licensed pursuant to title 32, chapter 13, 14, 17 or 25, a nurse practitioner who is licensed pursuant to title 32, chapter 15 or a pharmacist who is licensed pursuant to title 32, chapter 18 and who is practicing pursuant to section 32-1970, and shall state that the pupil is capable of self-monitoring blood glucose and shall list the medications, monitoring equipment and nutritional needs that are medically appropriate for the pupil to self-administer and that have been prescribed or authorized for that pupil.

2. A requirement that the pupil be able to practice proper safety precautions for the handling and disposal of the equipment and medications that the pupil is authorized to use pursuant to this subsection. The pupil's diabetes medical management plan shall specify a method to dispose of equipment and medications in a manner agreed on by the parent or guardian and the school.

3. Procedures that enable the school district or charter school to withdraw a pupil's authorization to monitor blood glucose and self-administer diabetes medication pursuant to this subsection if the pupil does not practice proper safety precautions as provided in paragraph 2 of this subsection.

4. A requirement that any medication administration services specified in the child's diabetes medical management plan shall be provided.

C. In addition to the policies and procedures adopted pursuant to subsections A and B of this section, the school district governing board and the charter school governing body may adopt policies and procedures to designate two or more school employees to serve as voluntary diabetes care assistants. The parent or guardian shall have final approval of the voluntary diabetes care assistants. Voluntary diabetes care assistants are allowed to administer insulin, assist the pupil with self-administration of insulin, administer glucagon in an emergency situation to a pupil or perform any combination of these actions if all of the following conditions exist:

1. A school nurse or another health professional who is licensed pursuant to title 32, chapter 13, 14, 17 or 25, a nurse practitioner who is licensed pursuant to title 32, chapter 15 or a pharmacist who is licensed pursuant to title 32, chapter 18 and who is practicing pursuant to section 32-1970 is not immediately available to attend to the pupil at the time of the emergency.

2. If the voluntary diabetes care assistant is authorized to administer glucagon, the parent or guardian of the pupil has provided to the school an unexpired glucagon kit for the school year that is prescribed for that pupil by a health professional who is licensed pursuant to title 32, chapter 13, 14, 17 or 25, a nurse practitioner who is licensed pursuant to title 32, chapter 15 or a pharmacist who is licensed pursuant to title 32, chapter 18 and who is practicing pursuant to section 32-1970.

3. The volunteer diabetes care assistant has provided to the school a written statement signed by a health professional who is licensed pursuant to title 32, chapter 13, 14, 15, 17, 18 or 25 that the voluntary diabetes care assistant has received proper training in the administration of glucagon.

4. If the voluntary diabetes care assistant is authorized to administer insulin, the parent or guardian of the pupil has provided insulin and all equipment and supplies that are necessary for insulin administration by voluntary diabetes care assistants.

5. Notwithstanding any other law, the training provided by a health professional who is licensed pursuant to title 32, chapter 13, 14, 15, 17, 18 or 25 must include all of the following:

(a) An overview of all types of diabetes.

(b) The symptoms and treatment of hyperglycemia and hypoglycemia.

(c) Techniques for determining the proper dose of insulin in a specific situation based on instructions provided in the orders submitted by the pupil's physician.

(d) Techniques for recognizing the symptoms that require the administration of glucagon.

(e) Techniques on administering glucagon.

D. A school district or charter school employee is not subject to any penalty or disciplinary action for refusing to serve as a voluntary diabetes care assistant pursuant to this section.

E. A school district, a charter school, employees of a school district or a charter school and volunteer health professionals who are licensed pursuant to title 32, chapter 13, 14, 15, 17, 18 or 25 and who train volunteer diabetes care assistants pursuant to subsection C of this section are immune from civil liability for the consequences of the good faith adoption and implementation of policies and procedures pursuant to this section.