New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter G - Health And Physical Education › Part 136 - HEALTH SERVICE › Section 136.7 - Self-administration of Certain Medications by Students

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions. As used in this section:
(1)
				  Inhaled rescue medications means a solution of a drug or a combination of drugs
				  administered to the respiratory passages via inhalation for immediate
				  alleviation of respiratory distress for persons with asthma or other
				  respiratory diseases. Such medication(s) are delivered by devices approved by
				  the United States Food and Drug Administration and include metered dose
				  inhalers, nebulizers, and other similar devices for the delivery of respiratory
				  medications to the respiratory passage.
(2) Epinephrine auto-injector means an
				  automated injection delivery device, approved by the United States Food and
				  Drug Administration, for injecting a measured dose of the drug
				  epinephrine.
(3) Ketone test means
				  a blood test utilizing a drop of blood on a blood ketone test strip and a blood
				  glucose meter or urine dipstick test utilizing a urine ketone test strip placed
				  into the urine to determine the number of ketones present in either the blood
				  or urine.
(4) Blood glucose test
				  means a blood test utilizing a drop of blood on a blood glucose test strip, and
				  a blood glucose meter to determine the blood glucose level.
(5) Insulin means insulin hormone and similar
				  proteins used as a medication to treat diabetes.
(6) Glucagon means a hormone medication that
				  raises the level of glucose in the blood.
(7) Duly authorized health care provider
				  means a licensed health professional who is authorized to diagnose medical
				  conditions and prescribe medications and treatments in accordance with his/her
				  respective scope of practice under Title VIII of the Education Law, including,
				  but not limited to, a physician, physician assistant, and nurse
				  practitioner.
(8) Cumulative health
				  record means the record of health information maintained by the school or board
				  of cooperative educational services for each student, which shall be kept
				  confidential consistent with the Federal Family Education Rights and Privacy
				  Act (FERPA) and any other applicable Federal and State laws.
(9) Emergency action plan means a care plan
				  written by a duly authorized health care provider, or the director of school
				  health services or a school nurse which specifies a student's health care needs
				  along with direction for staff to take in the event of an emergency where a
				  licensed health professional is not present.
(10) Diabetes Management Plan means a care
				  plan developed by a duly authorized health care provider, school health
				  personnel, and the parent or person in parental relation that specifies in
				  detail how the student is to manage diabetes at school including, but not
				  limited to, detailed information for treatment of hypoglycemia and
				  hyperglycemia by school personnel if the student becomes unable to do so
				  independently, blood glucose range, and insulin coverage scale or correction
				  factor orders for use by a licensed health professional if one is
				  available.
(11) School day means
				  any day, including a partial day, that students are in attendance at school or
				  at a facility maintained by a board of cooperative educational services for
				  instructional purposes.
(12)
				  School property means in or within any building, structure, athletic playing
				  field, playground, parking lot, or land contained within the real property
				  boundary line of a public elementary or secondary school or a facility
				  maintained by a board of cooperative educational services for instructional
				  purposes, or in or on a school bus, as defined in Vehicle and Traffic Law
				  section 142.
(13) School function
				  means a school district or board of cooperative educational services sponsored
				  extra-curricular event or activity regardless of where such event or activity
				  takes place, including, but not limited to, an event or activity that may take
				  place in another state.