Safe at School

New Mexico

1. Does New Mexico allow people who are not health care professionals to administer insulin at school?

It depends. School employees who have specific training and a certification as a medication aide may administer insulin, but they may only use pre-filled insulin pens:

C. (1) […] certified medication aides may administer insulin with a prefilled insulin pen if they have successfully completed a current CMA II board approved certification program NMAC.

2. Does New Mexico allow people who are not health care professionals to administer glucagon at school?

The law is not clear. New Mexico usually does not allow unlicensed staff to "administer medication by intramuscular, intravenous, subcutaneous or nasogastric routes." NMAC. However, guidance from New Mexico provides a checklist for "successful delegation of glucagon administration," and includes a sheet for "unlicensed assistive personnel." Helping the Student with Diabetes Succeed, A Guide for School Personnel, Supplementary Materials for Implementation in New Mexico Schools (Aug. 2009).

Even if state law is not clear, federal laws may allow unlicensed staff to provide care when a nurse is not available. This may be necessary so that children with diabetes can access education just like any other child.

3. Does New Mexico allow students to self-manage diabetes care anytime, anywhere?

Yes. Students with written authorization and a diabetes care plan can perform all aspects of diabetes care as long as they are "away from major traffic pathways." NMAC.

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 […] NMAC.

However, these rights may be taken away if "endangerment to the student's person or other persons occurs through the misuse of equipment, supplies, or medication or if the student's self-administration of medication is inconsistent with the prescribed dosage." NMAC.

4. Does New Mexico allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices anytime and anywhere?

Yes, as long as the students do not endanger themselves or others, and use medication consistent with the prescribed dosage:

[A school] must allow the student granted authorization to store and dispose of equipment and supplies necessary for self-treatment and self-assessment in the school setting including: (1) while at any location on school property, including the classroom, but away from major traffic pathways as agreed upon with the school nurse or other designated registered nurse or clinician; (2) while at a school-sponsored activity; (3) during regular before-school and after-school activities; and (4) in transit to or from school or school-sponsored activities. NMAC.

For more information, see the following helpful resources: