West Virginia - Chronic Conditions: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
statute; regulation
Summary: 

State law addresses plans for managing chronic conditions.

West Virginia Code 18-5-22c. Providing for the maintenance and use of epinephrine auto-injectors; administration of injections; notice; indemnity from liability; rules.

(a) A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of epinephrine auto-injectors for use in emergency medical care or treatment for an anaphylactic reaction. A prior diagnosis for a student or school personnel requiring the use of epinephrine auto-injectors is not necessary to permit the school to stock epinephrine auto-injectors. Epinephrine auto-injectors shall be maintained by the school in a secure location which is only accessible by medical personnel and authorized nonmedical personnel and not by students.


West Virginia Code 18-2K-3. Establishment and implementation of diabetes care plans by county boards to support and assist students with diabetes.

Each county board of education shall establish and adopt a diabetes care plan which shall be implemented in schools in which students diagnosed with diabetes are enrolled. The plan shall be adopted not later than six months after the State Board of Education adopts guidelines for the plans pursuant to section two of this article. The plan shall meet all of the guidelines for diabetes care plans adopted by the State Board of Education pursuant to section two of this article. In particular, the boards shall require the implementation of the procedures set forth in those guidelines for the development and implementation of individual diabetes care plans. County boards also shall make available necessary information and staff development to teachers and school personnel in order to appropriately support and assist students with diabetes in accordance with their individual diabetes care plans.


West Virginia Code 18-2K-2. Adoption of guidelines for individual diabetes care plans.

(a) The State Board of Education shall adopt guidelines for the development and implementation of individual diabetes care plans on or before the first day of January 1, 2007. The guidelines for information and allowable actions in a diabetes care plan shall meet or exceed the American Diabetes Association's recommendations for the management of children with diabetes in the school and day care setting. The State Board of Education shall consult with the Bureau for Public Health and the Department of Health and Human Resources in the development of these guidelines. The State Board of Education also shall consult with county board of education employees who have been designated as responsible for coordinating their individual county's efforts to comply with federal regulations adopted under Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794. In its development of these guidelines, the State Board of Education shall consider recent resolutions by the Office of Civil Rights of the United States Department of Education regarding investigation of complaints alleging discrimination against students with diabetes.

The guidelines adopted by the state board shall include:

  • (1) Procedures for school nurses to develop an individual diabetes care plan for any student diagnosed with diabetes, which shall involve the parent or guardian, the student's health care provider, the student's classroom teacher, the student if appropriate, and other appropriate school personnel;

  • (2) Procedures for regular review of an individual care plan.

  • (3) Information to be included in a diabetes care plan, including the responsibilities and appropriate staff development for teachers and other school personnel, an emergency care plan, the identification of allowable actions to be taken, the extent to which the student is able to participate in the student's diabetes care and management and other information necessary for teachers and other school personnel in order to offer appropriate assistance and support to the student; and

  • (4) Procedures for information and staff development to be made available to teachers and other school personnel inorder to appropriately support and assist students with diabetes.

(b) The State Board of Education shall provide that the guidelines and any subsequent changes are published and disseminated to county boards of education


Code of State Rules 126-27-10. Emergency Medication

10.2. A public, private, parochial or denominational school located within this state may possess and maintain at the school a supply of epinephrine auto injectors for use in emergency medical care or treatment for an anaphylactic reaction. Each county board of education may also develop a policy for stock epinephrine during secondary activity/extracurricular events outside of the school day. A prior diagnosis for a student or school personnel requiring the use of epinephrine auto injectors is not necessary to permit the school to stock epinephrine auto injectors.

10.3. Epinephrine auto injectors shall be maintained by the school in a secured, unlocked location which is only accessible by school nurses, health care providers and authorized nonmedical personnel and not by students.
West Virginia Secretary of State


Code of State Rules 126-86-11

11.4. Students with disabilities who have chronic conditions, including but not limited to asthma, diabetes,gastrointestinal disorders, cardiac disorders, and known food allergies are eligible for a locally developed Individualized Health Care Plan (IHCP) developed by the certified school nurse; a Section 504 Plan; or an Individualized Education Program (IEP) inclusive of a Medical Statement for Special Dietary Needs.
West Virginia Secretary of State


Code of State Rules 126-27-7. Administration of Prescribed Medication

7.4 Self-administration of medication shall be permitted in accordance with W.  Va.  Code §§18-5-22a, 18-5-22b and 18-2K-1,et seq., after the following conditions are met:

  • 7.4.a. A written medication authorization form is received from the parent/guardian and licensed prescriber for self-administration of medication.

  • 7.4.b. A written statement is received from a licensed prescriber which contains the student name, purpose, appropriate usage, dosage, time or times at which, or the special circumstances under which the medication is to be administered.

  • 7.4.c. The student has demonstrated the ability and understanding to self-administer medication by passing an assessment by the school nurse evaluating the student's technique of self-administration and level of understanding of the appropriate use of the medication.

  • 7.4.d. The parent/guardian has acknowledged in writing that they have read and understand a notice provided by the county board of education stating that the school, county school board and its employees and agents are exempt from any liability, except for willful and wanton conduct, as a result of any injury arising from the self-administration of medication.

  • 7.4.e. The permission to self-administer medication shall be effective for the school year for which it is granted and all documents related to the self-administration of medication shall become part of the student health record.

  • 7.4.f. The permission to self-administer medication may be revoked if the school nurse finds that the student's technique and understanding of the use of medication is not appropriate or is willfully disregarded.
    West Virginia Secretary of State


Code of State Rules 126-27-6. Roles and Responsibilities

6.5.b Self-administer prescribed emergency or acute medications, such as but not limited to epinephrine, insulin, asthma inhaler or ibuprofen when the prescription indicates that said student may maintain possession of the medication.  The student must be able to bring the medication to school, carry the medication in a safe and responsible manner, and use the medication only as prescribed.  At the discretion of county boards of education, high school students (not below grade 9) may be allowed to carry and self-administer non-prescribed OTC medication with parent/guardian authorization, unless restricted by the administrator/principal.
West Virginia Secretary of State

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