The state board must adopt rules for school glucagon emergencies, parents may authorize trained school personnel to give glucagon, and school staff have immunity for ordinary-negligence glucagon use with listed exceptions.
I. (a) The state board of education, after consultation with the department of health and human services, shall adopt rules pursuant to RSA 541-A for addressing incidents of hypoglycemia resulting in unconsciousness, seizure, and/or the inability to swallow in order to provide for the health and safety of children who have been medically identified as having diabetes. The rules shall provide that: (1) A parent or legal guardian of any child may authorize a school employee, or person employed on behalf of the school in cases where there is no school nurse immediately available, to administer glucagon to a child in case of an emergency, while at school or a school sponsored activity; (2) The glucagon shall be kept in a conspicuous place, readily available; and (3) Glucagon administration training may be provided by a licensed physician, physician associate, advanced practiced registered nurse, or registered nurse, however in no case shall school nurses be required to provide training; and the school administration shall allow school employees to voluntarily assist with the emergency administration of glucagon when authorized by a parent or legal guardian. (b) No school employee shall be subject to penalty or disciplinary action for refusing to be trained in glucagon administration. (c) A parent or legal guardian shall provide a diabetes management plan or physician's order, signed by the student's health care provider, that prescribes the care and assistance needed by the student including glucagon administration. II. The state board of education, in conjunction with the American Diabetes Association, and the New Hampshire chapter of American Academy of Pediatrics, shall develop standards and guidelines for the training and supervision of personnel, other than the school nurse, who provide emergency medical assistance to students under this section. Such personnel shall only be authorized to provide such assistance upon successful completion of glucagon administration training. III. No school teacher, school administrator, school health care personnel, person employed on behalf of the school, any other school personnel, nor any local educational authority shall be liable for civil damages which may result from acts or omissions in use of glucagon which may constitute ordinary negligence. This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton conduct. IV. Training on the administration of glucagon for school personnel, or those employed on behalf of the school, shall not be considered the delegation of nursing practice. V. The administration of glucagon by school personnel, or those employed on behalf of the school, shall not be considered the practice of nursing. Source: Source. 2015, 20:1, eff. July 4, 2015. 2022, 215:1, eff. Aug. 16, 2022. 2025, 105:1, eff. June 17, 2025.