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 South Carolina 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 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. 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).
4. Does South Carolina allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes. State law requires schools to allow students, with written permission from parent/guardian 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.
5. Does South Carolina allow students with diabetes to carry cellphones or smart devices for medical purposes?
Yes. South Carolina now requires schools to adopt a policy prohibiting access to cell phones during school. However, the approved model policy has a medical exception.
“To receive state funds allocated for State Aid to Classrooms, a school district shall implement a policy adopted by the State Board of Education that prohibits access to personal electronic communication devices by students during the school day. For purposes of this provision, a personal electronic communication device is considered to be a device not authorized for classroom use by a student, utilized to access the Internet, wi-fi, or cellular telephone signals. […] If explicitly required by a student’s IEP, Medical Plan, or 504 plan, the student shall be allowed to access their personal electronic device for medically or educationally necessary purposes described and required for administration of the IEP, Medical Plan or 504 plan.” SC, Model Policy Prohibiting Use of Personal Electronic Devices
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.
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
