Your child has the right to use their inhaler or medication at school

It is the law that turns into a right what many schools treat as an exception: that a student carry and use their own medication. It covers asthma, diabetes and any other illness the Health Secretary includes by regulation, and applies equally in public and private schools.

Every public or private school student suffering from an asthmatic, diabetic or other condition established by regulation by the Health Secretary, with the prior consent of their father, mother, guardian or custodian.

• Prior consent of the father, mother, guardian or custodian.Verified against the official source
• A medical certification accrediting the condition, the medication used, and that they have been duly trained to self-administer it.Verified against the official source
• In diabetes, that insulin be administered under the supervision of a duly trained adult.Verified against the official source

• A medical certification accrediting the condition, the medication and the training for self-administration.
• Written authorisation from the parent or guardian for the student to possess and use the medication at school or at a school-sponsored activity.
• A written Action Plan for managing the condition, prepared by the primary physician, for using the medication during school hours.

1. 1

   Step 1: The right, as the law writes it

   A single sentence establishes it: “Every public or private school student shall have the right to self-administer the medications treating their asthmatic, diabetic or other condition, with the prior consent of their father, mother, guardian or custodian.” Note two things: it says “public or private,” and it conditions the right on the parents’ consent, not on the school’s permission.

2. 2

   Step 2: The medical certification and what it must say

   The law lists exactly three things: “it shall be a requirement to present a medical certification accrediting that they suffer the condition, the medication used to treat it, and that they have been duly trained to self-administer the medication.” If any of the three is missing, the certification does not comply.

3. 3

   Step 3: Insulin is the exception

   Worth knowing before it becomes a conflict at the nurse’s office. The general right is self-administration, but the law carves out one case: “In the case of Diabetes patients, they must administer insulin under the supervision of a duly trained adult.”

4. 4

   Step 4: No school may interfere

   This is the article to cite if you are told no. “No school or person may interfere with students’ right to use at school facilities the medications necessary to treat their asthmatic, diabetic or other condition.”

5. 5

   Step 5: Nobody is civilly liable for acting under the law

   It is the provision that usually unlocks a school’s resistance, and the law states it twice. “Any person acting in accordance with this Act shall not incur civil liability should a complication arise from the use of the medication the student self-administers.” In the regulation article the same immunity appears conditioned on the person acting in accordance with the training received.

6. 6

   Step 6: Renew it each year and take it if you change schools

   The law puts these duties on the family’s side, and they are easy to overlook. “This certification applies at the school where the student is enrolled and for the school year for which it was issued. If the student transfers to another school, they must present a copy of the documentation at the new school where they enrol. In addition, at the start of each school year or upon any change or new medical certification, it shall be the parent’s, custodian’s or guardian’s responsibility to present the updated documents so the student may exercise this right.”

7. 7

   Step 7: The Action Plan and the written authorisation

   The law orders the regulation to require them, so it is best to have them ready. It must require “that the student’s parent or guardian has authorised in writing that the student possess and use the medication while at school or at a school-sponsored activity,” and “that every student suffering from asthma, diabetes or another illness have a written Action Plan for managing their condition, prepared by their primary physician, for using the necessary medication during school hours.” Note the authorisation also covers school-sponsored activities, not only the campus.

8. 8

   Step 8: The training school personnel must have

   Three levels, and the law distinguishes them. “All school personnel must receive basic diabetes training, how to recognise and respond to the signs and symptoms of hypoglycemia and hyperglycemia and whom to contact immediately in an emergency.” “Every teacher and school health staff member must receive basic diabetes training” and additionally recognise their role and responsibilities. And “at least one employee per school must receive advanced diabetes training, including practices for managing and controlling the condition, routine care and care of a student with diabetes in an emergency.”

The certification and authorisation are filed at the school where the student is enrolled. The law empowers the Health Secretary, in coordination with the Education Secretary, to adopt the necessary regulation. If your matter is specifically care of the diabetic student at school, that is another guide and another law; if it is a condition affecting learning and you need services, that is where special education comes in.

• Believing it applies only to public school: the law says “public or private school.”
• Arriving without the medical certification: it is required, and must state condition, medication and training.
• Assuming insulin is also self-administered: it must be given under a trained adult’s supervision.
• Not renewing at the start of each school year: the certification is valid for the year it was issued for.
• Not taking a copy when changing schools: the law expressly requires it.
• Forgetting the primary physician’s written Action Plan and the parent’s written authorisation.

These are the government pages this guide is based on.

• Departamento de Educación de Puerto Rico

  Educación

  bvirtualogp.pr.gov