NY Educ L § 916-B (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions 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.