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 North 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 North Dakota allow school staff members who are not health care professionals to administer insulin?
Yes. The state board of nursing clarifies that “an insulin injection may be delegated by the licensed nurse” and “school staff [can] administer an insulin injection.” School Nursing Medication Administration FAQ (updated 2017). A nurse should teach a specific staff member on how to administer insulin to a specific student, and that staff member may need to be on the Unlicensed Assistive Person registry. See N.D. Cent. Code § 43-12.1-02(9) and NDAC § 54-07-08-01.
2. Does North Dakota allow school staff members who are not health care professionals to administer glucagon?
Yes. State law allows unlicensed people to administer nursing care in “cases of emergency or disaster.” N.D. Cent. Code § 43-12.1-04 (1). Guidance from the state board of nursing makes clear that “[i]n an emergency, school personnel could administer a Glucagon® injection.” School Nursing Medication Administration FAQ (2017).
3. Does North Dakota allow students to self-manage diabetes at school, anytime and anywhere?
Yes. North Dakota adopted Safe at School® guidelines which recommend capable students be permitted to self-manage diabetes anytime and anywhere at school. Additionally, published state guidance allows students to self-manage diabetes. Safety for Students in North Dakota Schools.
4. Does North Dakota allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes. As stated above, North Dakota allows students to self-manage diabetes. State guidance also allows students who self-administer medicine to carry their medication.
“In the case of self-administered medication, the student may keep the medication and be responsible for the proper handling of the medication and administration.” Health Guidelines for North Dakota Schools, 2022.
Additionally, federal laws may allow capable students to carry diabetes supplies, anytime and anywhere. This may be necessary so that children with diabetes can access education just like any other child.
5. Does North Dakota allow students with diabetes to carry cellphones or smart devices for medical purposes?
North 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:
For more information, see the following helpful resources:
- North Dakota Nurse Practice Act, N.D. Cent. Code §§ 43-12.1-02(9) (Definitions – unlicensed assistive person); 43-12.1-03 (License or registration required, unlicensed assistive person); 43-12.1-04 (Persons exempt from provisions of chapter).
- North Dakota Administrative Rules and Regulations, NDAC § 54-07-08-01 (Specific delegation of medication administration).
- North Dakota Board of Nursing, “School Nursing Medication Administration FAQ” (2017).
- ND Dep’t of Health and ND Dep’t of Public Instruction, “Health Guidelines for North Dakota Schools,” (2022).
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
