New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 12 - PUBLIC SCHOOL ADMINISTRATION - HEALTH AND SAFETY › Part 8 - DIABETES SELF-MANAGEMENT BY STUDENTS IN THE SCHOOL SETTING › Section 6.12.8.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General
				rights:
Schools (whether public or nonpublic) are required to grant to
				any student in grades kindergarten through 12 authorization to carry and use
				equipment and supplies, for storage and disposal of sharps, for self-assessment
				and for self-administration of diabetes treatment medications prescribed by a
				health care practitioner if all of the following conditions are met.
(1) A health care practitioner has prescribed
				the medication, directed the instruction of the student in the correct and
				responsible use of the medication, and approved the student's ability to
				perform self-assessment and medication self-administration, pursuant to
				Subsection B of 6.12.8.8 NMAC.
(2)
				The student has demonstrated to the school nurse or other designated registered
				nurse or clinician the skill level and developmental level necessary to
				correctly store and use any equipment and supplies required to perform
				self-assessment and self-administration of such medication as prescribed by the
				health care practitioner (or the practitioner's designee).
(3) The school nurse or other designated
				registered nurse or clinician, with input from the parent or guardian and based
				on the student's health care practitioner's medical orders, has formulated a
				written individualized healthcare plan for management of diabetes care for the
				student that includes but is not limited to the correct storage and disposal of
				sharps by the student, the performance of self-assessment procedures and the
				self-administration of medication.
(4) The school has informed the parent or
				guardian of the student in writing that the school, including its employees and
				agents, is to incur no liability as a result of any injury arising from the
				performance of self-assessment procedures and the self-administration of
				medication nor from any injury arising from the student carrying and disposing
				of equipment and supplies to perform these procedures.
(5) The student's parent or guardian has
				completed and submitted to the school:
(a) all
				written documentation required by school policy; and
(b) the required treatment plan/medical
				orders; and
(c) a signed statement
				from the parent or guardian of the student acknowledging that the school,
				including its employees and agents, is to incur no liability as a result of any
				injury arising from the performance of self-assessment procedures and the
				self-administration of medication nor from any injury arising from the student
				carrying and disposing of equipment and supplies to perform these procedures,
				and the parent or guardian will indemnify and hold harmless the school,
				including its employees and agents, against any claim arising out of the
				performance of these procedures or storing and disposing of equipment and
				supplies to perform them.