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§ 7-426.4. Guidelines relating to administration of health care services to students with diabe...

West's Annotated Code of MarylandEducationEffective: April 11, 2017

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 7. Public Schools (Refs & Annos)
Subtitle 4. Health and Safety of Students (Refs & Annos)
Effective: April 11, 2017
MD Code, Education, § 7-426.4
§ 7-426.4. Guidelines relating to administration of health care services to students with diabetes
In general
(a) The Department and the Maryland Department of Health jointly shall establish guidelines for public schools regarding the administration of health care services to students with diabetes.
Content of guidelines
(b) The guidelines shall include:
(1) Procedures for treating and administering medication to control diabetic symptoms;
(2) Procedures for monitoring blood glucose and ketone levels;
(3) A description of parental or caregiver responsibilities in relation to the care of their child with diabetes, including:
(i) Notifying a school of a child's diabetes diagnosis;
(ii) Providing appropriate medication, delivery devices, and medical condition indication devices, including Medic Alert bracelets or necklaces;
(iii) Providing parental consent for the administration of medications; and
(iv) Providing an emergency card for medical emergencies with up-to-date contact names and telephone numbers;
(4) A description of school responsibilities in relation to the care of a student with diabetes, including:
(i) Instruction by the school nurse for school health services personnel, teachers, coaches, transportation personnel, and other appropriate school personnel, as determined by the school nurse, including instruction on:
1. Recognizing the symptoms of hypoglycemia and hyperglycemia and the appropriate actions to take to control the symptoms;
2. Administering glucagon in an emergency in accordance with health care provider orders; and
3. Implementing a student's medical plan and a student's 504 plan;
(ii) Providing and distributing the required documents for notification, consent for the administration of medications, medical emergency contact information, and any other appropriate documents to the appropriate individuals or entities; and
(iii) Ensuring that appropriate school personnel are available to administer insulin during the school day and during other school-sponsored events and activities;
(5) A description of student responsibilities in relation to the student's diabetes care that are age and clinically appropriate;
(6) Establishing procedures for students who have been determined by the school nurse to be capable of and responsible for self-management of their diabetes in accordance with health care provider orders; and
(7) Any other issue that is relevant to the administration of health care services to students with diabetes.
Duties of Departments of Education and Health
(c) The Department and the Maryland Department of Health shall:
(1) Provide technical assistance to schools to:
(i) Implement the guidelines established under this section; and
(ii) Instruct school personnel at the local level regarding the guidelines established under this section; and
(2) Develop a process to monitor the implementation of the guidelines established under this section.
Immunity
(d)(1) An individual who has received instruction to provide diabetes care services to students in accordance with the guidelines adopted under this section is not civilly liable for any act or omission in the course of providing diabetes care services to a student if:
(i) The individual is acting in good faith while providing diabetes care services to a student who is in need of diabetes care services or to a student who the individual believes in good faith to be in need of diabetes care services;
(ii) The diabetes care services are provided in a reasonably prudent manner; and
(iii) The diabetes care services are provided to the student without fee or other compensation.
(2) Paragraph (1) of this subsection does not affect, and may not be construed to affect, any immunities from civil liability or defenses established by any other provision of law to which an individual may be entitled.

Credits

Added by Acts 2016, c. 277, § 1, eff. July 1, 2016. Amended by Acts 2017, c. 61, § 1, eff. April 11, 2017.
MD Code, Education, § 7-426.4, MD EDUC § 7-426.4
Current through legislation effective through May 16, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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