On July 28, 2014, new South Dakota Administrative Regulations (ARSD) will become effective. These new regulations allow school employees (other than school nurses) to be trained in the subcutaneous (under the skin) administration of insulin and allows trained school employees to administer insulin to diabetic students (students with diabetes are usually on a 504 Plan or IEP).
Prior to these new regulations, only RN’s could administer insulin to students.
ASBSD has a new sample policy: Diabetes/Insulin Policy, NEPN Code JHDC. The policy can be found below.
Included in the sample policy is a policy provision that states employees who provide diabetes care shall be provided liability insurance through the school’s insurance coverage for incidental medical malpractice liability, and the school shall defend and indemnify the employee for any and all costs for which the employee may be liable, provided the UAP’s actions were consistent with the training received.
This provision is based on the coverage provided to members of the ASBSD Protective Trust that have liability coverage. The coverage includes incidental medical malpractice insurance for services performed by school employees such as insulin administration.
Schools should check with their own school attorney and liability carrier prior to adopting any policy related to the administration of insulin to ensure coverage for employees who are not RN’s and who administer insulin.
The new regulations can be found in ARSD Chapter 20:48:04.01, specifically 20:48:04.01:16 and 20:48:04.01:17.