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: "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. There are several specific requirements that unlicensed personnel are required to meet, as well as specific requirements that delegating nurses must meet. ARSD §§ 20:48:04.01:16, 17.
2. Does South Dakota allow school staff members who are not health care professionals to administer glucagon?
Glucagon is only administered in an emergency and the Board of Nursing indicates that care provided in an emergency is not subject to nursing regulations:
The South Dakota Board of Nursing supports that nursing care provided in an emergency is not restricted to the basic scope of practice identified in ARSD 20:48:04:01. This clarifies scope of practice for nurses in an emergency under SDCL 36-9-28 Practice not prohibited by chapter. South Dakota Board of Nursing Advisory Opinion - Nursing Care in an Emergency, March 2003.
Further, state nursing regulations include training in glucagon administration as part of the training program required before school personnel can administer insulin, suggesting that school personnel should be permitted to administer glucagon in at least some situations.
Nevertheless, South Dakota Board of Nursing regulations generally prohibit nurses from delegating the administration of subcutaneous medication such as glucagon. ARSD 20:48:04.01:12. Regardless, if state law is not clear, federal laws may allow unlicensed staff to provide care. This may be necessary so that children with diabetes can access education just like any other child. The law in this area is very complicated so we encourage you to contact us for further information.
3. Does South Dakota allow students to self-manage diabetes at school?
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. Even if state law is not clear, federal laws protect the rights of children and may allow capable students to self-administer diabetes care.
Resources:
For more information, see the following helpful resources: