ARTICLE 2. PROVISIONS RELATING TO STUDENTS (d) HEALTH C...

ARTICLE 2. PROVISIONS RELATING TO STUDENTS (d) HEALTH CARE

ARTICLE 2. PROVISIONS RELATING TO STUDENTS
(d) HEALTH CARE
§ 79-225. Diabetic condition; self-management by student; conditions; request;
authorization
(1) An approved or accredited public, private, denominational, or parochial school shall
allow a student with diabetes to self-manage his or her diabetic condition upon written
request of the student's parent or guardian and authorization of the student's physician,
upon receipt of a signed statement under subsection (5) of this section, and pursuant to a
diabetes medical management plan developed under subsection (2) of this section.
(2) Upon receipt of a written request and authorization under subsection (1) of this
section, the school and the parent or guardian, in consultation with the student's
physician, shall develop a diabetes medical management plan for the student for the
current school year. The plan shall (a) identify the health care services the student may
receive at school relating to such condition, (b) evaluate the student's understanding of
and ability to self-manage his or her diabetic condition, (c) permit regular monitoring of
the student's self-management of his or her diabetic condition by an appropriately
credentialed health care professional, and (d) be signed by the student's parent or
guardian and the physician responsible for treatment of the student's diabetic condition.
The school may consult with a registered nurse or other health care professional
employed by such school during development of the plan. The plan and the signed
statement required by subsection (5) of this section shall be kept on file at the school
where the student is enrolled.
(3) Pursuant to the diabetes medical management plan developed under subsection (2) of
this section, a student with a diabetic condition shall be permitted to self-manage his or
her diabetic condition in the classroom or any part of the school or on school grounds
during any school-related activity or in any private location specified in the plan.
(4) (a) A school may prohibit a student from possessing the necessary medical supplies to
self-manage his or her diabetic condition or place other necessary and appropriate
restrictions or conditions on the student's self-management of his or her diabetic
condition if the school determines that the student has endangered himself, herself, or
others through the misuse or threatened misuse of such medical supplies. The school shall
promptly notify the parent or guardian of any prohibition, restriction, or condition
imposed.
(b) If a student for whom a diabetes medical management plan has been developed
under this section injures school personnel or another student as the result of the misuse
of necessary diabetic medical supplies, the parent or guardian of the student for whom
such plan has been developed shall be responsible for any and all costs associated with
such injury.
(5) The parent or guardian of a student for whom a diabetes medical management plan
has been developed under this section shall sign a statement acknowledging that (a) the
school and its employees and agents are not liable for any injury or death arising from a
student's self-management of his or her diabetic condition and (b) the parent or guardian
shall indemnify and hold harmless the school and its employees and agents against a
claim arising from a student's self-management of his or her diabetic condition.