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 New Hampshire 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 New Hampshire allow people who are not health care professionals to administer insulin at school?
Yes. Medicine administration can generally be delegated to unlicensed staff, and there is nothing that specifically prohibits insulin administration.
A school nurse alone has the authority to delegate medication administration and may delegate only if appropriate under the Nurse Practice Act. Parents may not delegate medication administration directly in the public-school setting. Ideally, the school nurse will work with the parent and/or guardian to identify appropriate delegates since parental approval and authorization is required. Standards of Delegation for School Nurses in New Hampshire (2022); Technical Advisory 311.02; NH Code Admin. R. 404.06 (b).
2. Does New Hampshire allow people who are not health care professionals to administer glucagon at school?
Yes. School employees can administer glucagon when a nurse is not present:
“A parent or legal guardian of any child may authorize a school employee, or person employed on behalf of the school in cases where there is no school nurse immediately available, to administer glucagon to a child in case of an emergency, while at school or a school sponsored activity.” RSA 200:40-b.
3. Does New Hampshire allow students to self-manage diabetes care anytime, anywhere?
Yes. Guidance from the state Department of Education allows self-management for prescription medications:
“[…] For other prescription drugs students normally self-administer, the school nurse may delegate administration to the student themselves if the prescriber and parent/guardian provides written authorization and if school policy supports the practice. Ideally, students should self-administer their medications in a comfortable and clean location either in class or in a nearby location to minimize disruption to their academic day. The school nurse should provide supervision as needed.” NH Dep't of Educ. Technical Advisory 311.02.
State law does not specifically mention self-management of other kinds of diabetes care, but there are no barriers, either.
4. Does New Hampshire allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices anytime and anywhere?
Yes. While there is no specific rule on carrying diabetes supplies at school, students are allowed to self-carry medications for other health conditions with parental permission.
The school nurse shall ensure that there is written authorization by the parent and/or guardian which contains: […] approval to have the student possess and/or self-administer. NH Dep't of Educ. Technical Advisory 311.02.
Even if state law is not clear, federal laws may allow capable students to carry diabetes supplies anytime and anywhere. This may be necessary so that children with diabetes can access education just like any other child.
5. Does New Hampshire allow students with diabetes to carry cellphones or smart devices for medical purposes?
New Hampshire requires all school boards and boards of trustees of chartered public schools to adopt and/or update policies governing student use of cell phones and other personal electronic devices during the instructional day. However, “school district and chartered public school policies shall not prohibit students with medical needs, such as insulin pumps and glucose sensors, or disabilities from using a device to support their learning as identified by their individualized education program (IEP), plan developed under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, or when required to support emergent multilingual students with appropriate language access programs and services pursuant to Title VI of the Civil Rights Act of 1964." HB 2.
If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email [email protected]. Additional resources can be found on our Safe at School homepage.
