ENTITLED An Act to authorize the possession and self-administration of diabetes medications by a student on school property and at school-related events and activities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 13-32-10 be AMENDED:

13-32-10. Terms used in §§ 13-32-11 to 13-32-13, inclusive, mean:

(1) "Medication," an inhaled bronchodilator, auto-injectable epinephrine, insulin, or other diabetes medication;

(2) "Parent," any person standing in parental relation;

(3) "Related equipment and supplies," medical equipment and supplies necessary for a student's management and treatment of diabetes; and

(4) "School," any public or nonpublic school.

Section 2. That § 13-32-11 be AMENDED:

13-32-11. Any student may possess and self-administer prescription medication, and possess and use related equipment and supplies, while on school property or at a school-related event or activity only if:

(1) The student has been diagnosed with asthma, anaphylaxis, or diabetes, by a licensed health care provider;

(2) The medication has been prescribed for that student as indicated by the prescription label on the medication, or by a prescriber's school orders;

(3) The student's parent provides to the school:

(a) Written authorization, signed by the parent, for the student to self-administer the prescription medication, and possess and use related equipment and supplies, while on school property or at a school-related event or activity; and

(b) A written statement, signed by the parent, in which the parent releases the school district or nonpublic school and its employees and agents from liability for an injury arising from the student's self-administration of prescription medication, or possession or use of related equipment and supplies, while on school property or at a school-related event or activity, unless in cases of wanton or willful misconduct;

(4) A written statement, signed by the student's physician or other licensed health care provider, is provided to the school that states:

(a) The student has been diagnosed, by a licensed health care provider, with asthma, anaphylaxis, or diabetes, and the student is capable of self-administering and managing the prescription medication;

(b) The name and purpose of the medication;

(c) The prescribed dosage for the medication;

(d) The times at which or circumstances under which the medication may be administered;

(e) The period for which the medication is prescribed; and

(f) The types of related equipment and supplies the student is permitted to possess and use, if applicable.

The physician's or provider's statement must be retained in the student's educational record maintained by the school.

An Act to authorize the possession and self-administration of diabetes medications by a student on school property and at school-related events and activities.