1. Does South Carolina allow school staff members who are not health care professionals to administer insulin?
No. The state Nurse Practice Act generally only allows nurses to administer medication. S. C. Code Ann. §§ 40-33-20 – 40-33-42. 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 South Carolina allow school staff members who are not health care professionals to administer glucagon?
Yes. The Nurse Practice Act does not prohibit "nursing assistance in case of an emergency.&" S. C. Code Ann. §§ 40-33-30. Glucagon is almost always administered in an emergency.
3. Does South Carolina allow students to self-manage diabetes at school?
Yes, for diabetes medication. State law requires schools to allow self-monitoring and self-administration of medications by students with written parent and physician permission:
Each school district shall adopt a policy requiring that students with special health care needs have individual health care plans. This policy must provide for the authorization of a student to self-monitor and self-administer medication as prescribed by the student's health care provider unless there is sufficient evidence that unsupervised self-monitoring or self-medicating would seriously jeopardize the safety of the student or others. S. C. Code Ann. § 59-63-80(B).
However, only medication is mentioned. It is not clear if blood glucose monitoring and snacks are covered by state law, but there is no barrier.
4. Does South Carolina allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes, for diabetes medication. State law requires schools to allow students, with written permission from parent and a physician, to self-carry medication in the classroom, and at any school activity:
Each school district shall adopt a policy requiring that students with special health care needs have individual health care plans. […] The policy must include, but is not limited to: […] (2) authorization for a student to possess on his person and administer medication while: (a) in the classroom and in any area of the school or school grounds; (b) at a school-sponsored activity; (c) in transit to or from school or school-sponsored activities; or (d) during before-school or after-school activities on school-operated property. S. C. Code Ann. § 59-63-80(B).
However, only medication is mentioned. It is not clear if blood glucose monitoring equipment and snacks are covered by state law, but there is no barrier.
Resources:
For more information, see the following helpful resources:
- South Carolina Code, Annotated, Title 40, Chapter 33, Sections 40-33-20 through 40-33-42, Nurse Practice Act.
- South Carolina Code Annotated Title 59, Chapter 63, Section 59-63-80, Development of policies governing individual health care plans for students with special health care needs; definitions; written statements.
