FFAF(LEGAL) -

Diabetes Management and Treatment Plan

Required Elements

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

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

Health and Safety Code 168.001(3), .003

Independent Monitoring and Treatment

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

Required Care

Health and Safety Code 168.007(c)–(d)

School Nurse Not Available

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)

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

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.

Health and Safety Code 168.001(5)–(6), .003–.004

UDCA Training

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.

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

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

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.

Health and Safety Code 168.007(e)–(f)

Students at Risk for Anaphylaxis

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.

Education Code 38.0151(a)–(d)

Note: See FB for the application of Section 504 of the Rehabilitation Act to students who qualify for individualized health plans.

Lumberton ISD

FFAF(LEGAL)-P

UPDATE 103

DATE ISSUED: 9/25/2015