FFAF(LEGAL) - WELLNESS AND HEALTH SERVICES: CARE PLANS
Diabetes Management and Treatment Plan
The parent or guardian of a student who will seek care for diabetes while at school or while participating in a school activity, and the physician responsible for the student's diabetes treatment, shall develop a diabetes management and treatment plan (DMTP).
The DMTP must:
Identify the health-care services the student may receive at school;
Evaluate the student's ability to manage and level of understanding of the student's diabetes; and
Be signed by the parent or guardian and the physician.
Submission to School
The parent or guardian must submit the DMTP to the school, and the school must review the plan:
Before or at the beginning of the school year;
On enrollment of the student, if the student enrolls after the beginning of the school year; or
As soon as practicable following a diagnosis of diabetes for the student.
Health and Safety Code 168.002
Individualized Health Plan
Upon receiving the student's DMTP, the school principal, or designee, and the school nurse, if a school nurse is assigned to the school, shall develop an individualized health plan (IHP) for the student. The IHP shall be developed in collaboration with the student's parent or guardian and, to the extent practicable, the physician responsible for the student's diabetes treatment and one or more of the student's teachers.
A student's IHP must incorporate components of the student's DMTP, including the information required under Health and Safety Code 168.002(b) [see REQUIRED ELEMENTS, above].
Health and Safety Code 168.001(3), .003
Independent Monitoring and Treatment
In accordance with the student's IHP, a school shall permit the student to attend to the management and care of the student's diabetes, which may include:
Performing blood glucose level checks;
Administering insulin through the insulin delivery system the student uses;
Treating hypoglycemia and hyperglycemia;
Possessing on the student's person at any time any supplies or equipment necessary to monitor and care for the student's diabetes; and
Otherwise attending to the management and care of the student's diabetes in the classroom, in any area of the school or school grounds, or at any school-related activity.
Health and Safety Code 168.008
Each school shall adopt a procedure to ensure that a school nurse or at least one unlicensed diabetes care assistant (UDCA) is present and available to provide the required care to a student with diabetes during the regular school day. A district may not restrict the assignment of a student with diabetes to a particular campus on the basis that the campus does not have the required UDCAs.
Health and Safety Code 168.007(c)–(d)
If a school nurse is assigned to a campus and the nurse is available, the nurse shall perform the tasks necessary to assist a student with diabetes in accordance with the student's IHP.
School Nurse Not Available
If a school nurse is not assigned to the campus or a school nurse is not available, a UDCA shall perform the tasks necessary to assist the student in accordance with the student's IHP and in compliance with any guidelines provided during UDCA training. A UDCA may perform these tasks only if the parent or guardian of the student signs an agreement that:
Authorizes a UDCA to assist the student; and
States that the parent or guardian understands that a UDCA is not liable for civil damages [see IMMUNITY FROM LIABILITY, below].
Health and Safety Code 168.007(a)
If a school nurse is not assigned to a campus:
A UDCA must have access to an individual with expertise in the care of persons with diabetes, such as a physician, a registered nurse, a certified diabetes educator, or a licensed dietitian; or
The principal must have access to the physician responsible for the student's diabetes treatment.
Health and Safety Code 168.007(b)
Unlicensed Diabetes Care Assistants
At each school in which a student with diabetes is enrolled, the principal, or designee, shall:
Seek school employees who are not health-care professionals to serve as UDCAs and to care for students with diabetes; and
Make efforts to ensure the school has:
At least one UDCA if a full-time nurse is assigned to the school; and
At least three UDCAs if a full-time nurse is not assigned to the school.
"School employee" means a person employed by a school, a local health department that assists the school under Health and Safety Code Chapter 168 (Care of Students with Diabetes), or another entity with whom the school has contracted to perform its duties under that chapter.
"Unlicensed diabetes care assistant" means a school employee who has successfully completed the required training [see UDCA TRAINING, below].
A school employee may not be subject to any penalty or disciplinary action for refusing to serve as a UDCA.
A UDCA shall serve under the supervision of the principal.
Health and Safety Code 168.001(5)–(6), .003–.004
If a school nurse is assigned to a campus, the nurse shall coordinate the training of school employees acting as UDCAs. Training for UDCAs must be provided by a health-care professional with expertise in the care of persons with diabetes or by a school nurse. The training must include instruction in the elements set forth at Health and Safety Code 168.005(d).
Training must be provided before the beginning of the school year or as soon as practicable following:
The enrollment of a student with diabetes at a campus that previously had no students with diabetes; or
A diagnosis of diabetes for a student at a campus that previously had no students with diabetes.
The school nurse or principal shall maintain a copy of the training guidelines and any records associated with the training.
Health and Safety Code 168.005
Note: Guidelines for Training School Employees who are not Licensed Healthcare Professionals (PDF) to care for students with diabetes is available on the Texas Department of State Health Services website.
Information to Employees
A district shall provide to each district employee who is responsible for providing transportation for a student with diabetes or supervising a student with diabetes during an off-campus activity a one-page information sheet that:
Identifies the student who has diabetes;
Identifies potential emergencies that may occur as a result of the student's diabetes and the appropriate responses to such emergencies; and
Provide the telephone number of a contact person in case of an emergency involving the student with diabetes.
Health and Safety Code 168.006
Immunity from Liability
A school employee may not be subject to any disciplinary proceeding, as defined by Education Code 22.0512(b), resulting from any action taken in compliance with Health and Safety Code Chapter 168. The requirements of Chapter 168 are considered to involve the employee's judgment and discretion and are not considered ministerial acts for purposes of immunity under Education Code 22.0511. Health and Safety Code 168.009(a) [See DG]
A school nurse is not responsible for and may not be subject to disciplinary action under Occupations Code Chapter 301 for actions performed by a UDCA. Health and Safety Code 168.009(b)
A UDCA who assists a student as provided above [see REQUIRED CARE, above] in compliance with the student's IHP:
Is not considered to be engaging in the practice of professional or vocational nursing under Occupations Code Chapter 301 or other state law; and
Is exempt from any applicable state law or rule that restricts the activities that may be performed by a person who is not a health-care provider.
A UDCA may exercise reasonable judgment in deciding whether to contact a health-care provider in the event of a medical emergency involving a student with diabetes.
Health and Safety Code 168.007(e)–(f)
Students at Risk for Anaphylaxis
The board shall adopt and administer a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis based on guidelines developed by the commissioner of state health services. A district that implements a policy for the care of students with a diagnosed food allergy at risk for anaphylaxis before the development of the commissioner's guidelines shall review the policy and revise the policy as necessary to ensure the policy is consistent with the guidelines.
The commissioner's guidelines may not:
Require a district to purchase prescription anaphylaxis medication, such as epinephrine, or require any other expenditure that would result in a negative fiscal impact on the district; or
Require the personnel of a district to administer anaphylaxis medication, such as epinephrine, to a student unless the anaphylaxis medication is prescribed for that student.
This section does not waive any liability or immunity of the district or its officers or employees, or create any liability for or a cause of action against the district or its officers or employees.
Education Code 38.0151(a)–(d)
A district that provides for the maintenance, administration, and disposal of epinephrine auto-injectors under Education Code Chapter 38, Subchapter E [see FFAC] is not required to comply with Education Code 38.0151. Education Code 38.0151(f)
Note: See FB for the application of Section 504 of the Rehabilitation Act to students who qualify for individualized health plans.