1. Does West Virginia allow school staff members who are not health care professionals to administer insulin?
No. While there are no laws or regulations addressing this issue, guidance from the West Virginia Department of Education states that insulin administration is not allowed:
C. INSULIN ADMINISTRATION BY INJECTION […] C. Personnel: Certified school nurse, or other licensed health care provider such as a RN or LPN under the direct or indirect supervision of the certified school nurse. The student may perform this procedure independently if ordered by licensed prescriber. NO ASPECT OF THIS PROCEDURE MAY BE DELEGATED TO UNLICENSED PERSONNEL. Basic and Specialized Health Care Procedures Manual for West Virginia Public Schools (2018).
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 West Virginia allow school staff members who are not health care professionals to administer glucagon?
Yes. Guidance for public schools recommends glucagon training for at least three school staff members:
E. GLUCAGON ADMINISTRATION […] A. Purpose: To provide training and supervision guidelines for the administration of Glucagon in the school setting and during co-curricular events. […] C. Personnel: Certified school nurse, other licensed health care provider such as a RN or LPN, or designated trained school personnel under the direct or indirect supervision of the certified school nurse. If possible, at least three school personnel in the student's school should be trained. Basic and Specialized Health Care Procedures Manual for West Virginia Public Schools (2010).
3. Does West Virginia allow students to self-manage diabetes at school?
Yes. West Virginia guidance suggests that students should be able to self-administer blood glucose testing, but does not specifically discuss other elements of care:
I. Guidelines: Some students may need to test their blood for a reading that indicates an accurate level of glucose. […] The student may perform this procedure independently if ordered by licensed prescriber. Basic and Specialized Health Care Procedures Manual for West Virginia Public Schools (2010).
Even if state law is not clear, federal laws may allow capable students to self-manage diabetes care, anytime and anywhere. This may be necessary so that children with diabetes can access education just like any other child.
4. Does West Virginia allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes, for diabetes medication. West Virginia law generally allows students to bring medication to school. State law does not mention anything about diabetes care supplies, such as snacks or blood glucose meters, but there are no barriers, either:
6.5. Role of the student.[…] 6.5.2. Self-administer prescribed emergency or acute medications, such as but not limited to a Epi-pen or ibuprofen when the prescription indicates that said student must maintain possession of the medication. The student must be able to bring the medication to school, carry the medication in a safe and responsible manner, and use the medication only as prescribed. At the discretion of county boards of education, high school students (not below grade 9) may be allowed to carry and self-administer non-prescribed medication (OTC) with parent/guardian authorization, unless restricted by the administrator. W. Va. CSR § 126-27-6.
Resources:
For more information, see the following helpful resources:
