About this information:
This information was prepared by the Legal Advocacy division of the American Diabetes Association® (ADA), a national leader in diabetes information and advocacy. This information covers state rules on diabetes care in Delaware schools, and may not include all the relevant rules and important details. While ADA strives to provide current information, laws and resources can frequently change. This information is not legal advice and professional legal advice should be sought as needed.
1. Does Delaware allow school staff members who are not health care professionals to administer insulin?
No. State regulations state that school nurses may not delegate the administration of medications:
“Administration of medications, including prescription topical medication […] require nursing knowledge, judgment, and skill and may not be delegated by the [registered nurse] to an unlicensed assistive person.” 24 Code Del. Reg. 1900.7.5.6.4.6 and 7.5.6.4.1.
Regardless, federal laws may allow unlicensed staff to provide this care. This may be necessary so that children with diabetes can access education just like any other child. In case of a conflict between federal and state laws, federal laws protect the rights of children. The law in this area is very complicated so we encourage you to contact us for further information.
2. Does Delaware allow school staff members who are not health care professionals to administer glucagon?
State law is not clear. As stated above, state regulations do not allow unlicensed staff to administer medication. However, there is a general exception for emergency situations:
“This chapter shall not apply to the following situations: (1) Nursing services rendered during an epidemic or a state or national disaster; (2) The rendering of assistance by anyone in the case of an emergency.” 24 Del. C. § 1921(a)(1)-(2).
The law does not specifically mention glucagon. However, since glucagon is only administered in an emergency, it may be covered under this exception. Regardless, federal laws may allow unlicensed staff to provide this care. This may be necessary so that children with diabetes can access education just like any other child.
3. Does Delaware allow students to self-manage diabetes at school anytime and anywhere?
State law is silent. Each school district is required to create a medication use policy. Some school districts may choose to allow diabetes self-management:
“Each school district and charter school shall have a policy on file and update it periodically. The policy […] establishes how prescription and nonprescription drugs shall be handled in the school environment and when they will be considered unauthorized and subject to these state and local policies.” 14 Del Admin. Code Ch. 600 §§ 612.3.0 and 3.9.
While state law does not specifically say that students have the right to self-manage diabetes at school, there are no barriers, either. Additionally, federal laws may allow capable students to do this. This may be necessary so that children with diabetes can access education just like any other child.
4. Does Delaware allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
State law is silent. Each school district is required to create a policy for when students may carry and store medication.14 Del Admin. Code Ch. 600 §§ 612.3.0 and 3.9. As stated above, federal laws may allow capable students to carry diabetes supplies. Some school districts may allow students to carry diabetes medication as long as they have current doctor's orders.
5. Does Delaware allow students with diabetes to carry cellphones or smart devices for medical purposes?
Unclear. Schools may choose to participate in a pilot program to purchase phone storage pouches and limit cellphone usage during school. However, exact policies and exceptions are left up to each individual school so it is unclear if all schools will institute medical exemptions.
Regardless, federal laws may allow students with diabetes to access devices for diabetes management purposes. This may be necessary so that children with diabetes can access education just like any other child. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@diabetes.org
Resources:
For more information, see the following helpful resources:
- 24 Delaware Code Section 1921; Nursing, Applicability of chapter
- 24 Code of Delaware Regulations 1900.7.7; Board of Nursing, Rules and Regulations (pdf)
- 14 Delaware Administrative Code Chapter 600, Section 612; Requirement of Each School District and Charter School to have a Policy (pdf)
Additional Safe at School resources are available at diabetes.org/safeatschool. To receive information and guidance about a school diabetes care issue, contact 1-800-DIABETES (1-800-342-2383) or AskADA@diabetes.org
