Diabetes Legislation Signed By Governor
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October 2, 2009
The Governor signed legislation concerning the care of diabetic students in our public schools October 1st.
Bill Provisions
IHP / IEHP
The new law, P.L.2009, c.131 (S-2426/A-267) codifies current practices in New Jersey schools. Upon receiving written authorization from a diabetic student’s parents, the school nurse will annually develop an individualized health care plan (IHP) and an individualized emergency health care plan (IEHP). The IHP must address the treatment, communications and training of staff members needed to care for the student at school, at after-school activities and on field trips. It must include specific information about the student's particular form of hypoglycemia, recommended treatment, the frequency of blood glucose testing, written orders from the student's physician or another medical professional for the dosage and administration of insulin if necessary, times for meals and snacks, any restrictions on the student's participation in sports and exercise, and accommodations for class trips.
Emergency Administration of Glucagon
The new law also includes provisions concerning the emergency administration of glucagon by non-medical staff. Under the new law, the school nurse is primarily responsible for glucagon administration to a student with diabetes experiencing severe hypoglycemia and has the responsibility of training any other school personnel who volunteer to administer glucagon in an emergency. In a nurse’s absence, however, non-medical staff members (teachers, custodians, administrators, coaches, etc.) are authorized to administer the medication by syringe. NJPSA, the NJEA, and the School Nurses Association opposed this provision due to our concerns for student safety. Annually, parents must provide written authorization for the emergency administration of glucagon.
Self Administration by Student
The new law also allows a student to test their blood and self-administer “as needed in the classroom, in any area of the school or school grounds, or at any school-related activity” if the student is deemed capable of self-administration. Parents must provide a written request for the student to self-administer while at school. Medical verification of the illness and the student’s ability to self-administer must also be provided by the child’s physician.
Immunity from Liability
NJPSA was successful in obtaining strong language freeing all volunteer staff members from liability unless they engage in willful misconduct, gross negligence or recklessness. Parents must waive liability to the district, its staff and agents for any injury resulting from the student’s diabetes care at school.
Notification
Finally, the new law requires the school district to notify the student's bus driver of the student's diabetic needs, as well as provide parental contact information for students with diabetes to bus drivers, and requires the district to post an information sheet about the signs and symptoms of hypoglycemia in designated areas of school buildings.
The legislation will be effective January 29, 2010.