New York Laws
Article 19 - Medical and Health Service
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.