Texas Health and Safety Code 168.007 – Required Care of Students With Diabetes
(a) If a school nurse is assigned to a campus and the nurse is available, the nurse shall perform the tasks necessary to assist a student with diabetes in accordance with the student’s individualized health plan. If a school nurse is not assigned to the campus or a school nurse is not available, an unlicensed diabetes care assistant shall perform the tasks necessary to assist the student with diabetes in accordance with the student’s individualized health plan and in compliance with any guidelines provided during training under § 168.005. An unlicensed diabetes care assistant may perform the tasks provided by this subsection only if the parent or guardian of the student signs an agreement that:
(1) authorizes an unlicensed diabetes care assistant to assist the student; and
(2) states that the parent or guardian understands that an unlicensed diabetes care assistant is not liable for civil damages as provided by § 168.009.
(b) If a school nurse is not assigned to a campus:
(1) an unlicensed diabetes care assistant must have access to an individual with expertise in the care of persons with diabetes, such as a physician, a registered nurse, a certified diabetes educator, or a licensed dietitian; or
(2) the principal must have access to the physician responsible for the student’s diabetes treatment.
Terms Used In Texas Health and Safety Code 168.007
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) Each school shall adopt a procedure to ensure that a school nurse or at least one unlicensed diabetes care assistant is present and available to provide the required care to a student with diabetes during the regular school day.
(d) A school district may not restrict the assignment of a student with diabetes to a particular campus on the basis that the campus does not have the required unlicensed diabetes care assistants.
(e) An unlicensed diabetes care assistant who assists a student as provided by Subsection (a) in compliance with a student’s individualized health plan:
(1) is not considered to be engaging in the practice of professional or vocational nursing under Chapter 301, Occupations Code, or other state law; and
(2) is exempt from any applicable state law or rule that restricts the activities that may be performed by a person who is not a health care professional.
(f) An unlicensed diabetes care assistant may exercise reasonable judgment in deciding whether to contact a health care provider in the event of a medical emergency involving a student with diabetes.