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 Massachusetts 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 Massachusetts allow people who are not health care professionals to administer insulin at school?
No. Massachusetts does not allow nurses to delegate the administration of parenteral medications, which includes injected medication and inhaled. Insulin is an injected or in some cases inhaled medication. 105 CMR 210.004.
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 Massachusetts allow school staff members who are not health care professionals to administer glucagon?
No. As stated above, Massachusetts does not allow unlicensed staff to administer injected or inhaled medication. Glucagon is either an injectable or inhaled medication. 105 CMR 210.004.
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.
3. Does Massachusetts allow students to self-manage diabetes at school?
Yes. Massachusetts specifically allows students with diabetes to self-manage care:
“Notwithstanding any general or special law or regulation to the contrary, a school district shall not prohibit a student with diabetes from possessing and administering a glucose monitoring test and insulin delivery system, in accordance with department of public health regulations concerning a student's self-administration of a prescription medication.” ALM GL ch. 71, § 54B.
4. Does Massachusetts allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes. Massachusetts specifically allows students with diabetes to possess glucose monitoring and insulin delivery devices:
“Notwithstanding any general or special law or regulation to the contrary, a school district shall not prohibit a student with diabetes from possessing and administering a glucose monitoring test and insulin delivery system, in accordance with department of public health regulations concerning a student's self-administration of a prescription medication.” ALM GL ch. 71, § 54B.
5. Does Massachusetts 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. See FY2024: Approaches to Address Student Cellphone Use Pilot Grant.
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:
- Annotated Laws of Massachusetts, Chapter 71: Public Schools, Section 54B, Administration of Psychotropic Drugs Regulated.
- Code of Massachusetts Regulations, Title 105, Section 210.006 (2012) Self Administration of Prescription Medications. (PDF).
- Massachusetts Department of Elementary and Secondary Education, Massachusetts Guide to Managing Diabetes at School (2011) (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.
