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 Dakota 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 Dakota allow school staff members who are not health care professionals to administer insulin?
Yes. South Dakota Board of Nursing regulations permit registered nurses to delegate the administration of insulin to trained unlicensed assistive personnel:
"A written protocol for the delegation of insulin administration by the subcutaneous route to unlicensed assistive personnel is required prior to delegation by the registered nurse." ARSD § 20:48:04.01:16.
2. Does South Dakota allow school staff members who are not health care professionals to administer glucagon?
Yes in part. Trained school personnel may administer nasal glucagon. A glucagon injection is not authorized.
“The board of a school district or the governing board of a nonpublic school may authorize an employee to administer nasal glucagon to a student if the employee completes training, provided by a licensed health care provider.” SD Codified L § 13-33A-15
Additionally, schools may stock nasal glucagon on site for emergencies.
“A licensed health care professional may prescribe nasal glucagon in the name of a school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16, inclusive. A licensed health care professional may then dispense or distribute nasal glucagon to an employee of the school district or nonpublic school.” SD Codified L § 13-33A-12
3. Does South Dakota allow students to self-manage diabetes at school?
Unclear. While South Dakota law specifically permits students to possess prescription asthma and anaphylaxis medication, there is no mention of any diabetes medications or supplies. S.D. Codified Laws § 13-32-11. However, there are no prohibitions either on possession of diabetes supplies.
Regardless even if state law is not clear, federal laws protect the rights of children and may allow capable students to self-administer diabetes care.
4. Does South Dakota allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices anytime and anywhere?
Unclear. While South Dakota law specifically permits students to possess prescription asthma and anaphylaxis medication, there is no mention of any diabetes medications or supplies. S.D. Codified Laws § 13-32-11. However, there are no prohibitions either on possession of diabetes supplies.
Regardless even if state law is not clear, federal laws protect the rights of children and may allow capable students to carry diabetes supplies.
5. Does South Dakota allow students with diabetes to carry cellphones or smart devices for medical purposes?
South Dakota currently does not have any statewide cellphone restrictions or bans for schools. However, individual schools or districts may create their own policies. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@diabetes.org. Additional resources can be found on our Safe at School homepage.
Resources:
- Administrative Regulations of South Dakota, §§ 20:48:04.01.11, 12, l6-17
- S.D. Codified Laws § 13-33A-12 through 16
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
