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RE: [IP] Used strips in school (Re:back to school issues)



Regarding "disposal of used test strips" and "school" restrictions,
presumably on "where" to do that ( like the powers-that-be would want
Barbara Petzold's child to "not put it in the classroom wastebasket"?)

In accord with Jim Handsfield's yesterday saying that OSHA and NIOSH
are not violated by such convenient disposal, and I know the Petzold
situation is Fenton Missouri,  Californians "should" be able to cite
and others may be able to look to California for a guiding example in
the law we got passed here in California a few years ago (1994-97 ?)
addressing pre-school-age children's diabetes-care in day-care.
Which I thought I remembered specifically provided that the disposal
of the test-strip from these "non prescription over-the-counter" tests
were "not a hazardous item"...

http://www.ca.gov
should lead one into
http://www.leginfo.ca.gov
http://www.leginfo.ca.gov/calaw.html
but I haven't found it yet in
CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
SECTION 1240-1246.5
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=92446429688+0+0+0&WAISaction=retrieve

1241. ...except as provided in subdivision (b).
   (b) This chapter shall not apply to any of the following clinical
laboratories, or to persons performing clinical laboratory tests or
examinations in any of the following clinical laboratories:...
(6) Those that register with the State Department of Health
Services pursuant to subdivision (c) to perform blood glucose testing
for the purposes of monitoring a minor child diagnosed with diabetes
  if the person performing the test has been entrusted with the care
and control of the child by the child's parent or legal guardian and
provided that all of the following occur:
   (A) The blood glucose monitoring test is performed with a blood
glucose monitoring instrument that has been approved by the federal
Food and Drug Administration for sale over the counter to the public
without a prescription.
...
(7) Those individuals who perform clinical laboratory tests or
examinations, approved by the federal Food and Drug Administration
for  sale to the public without a prescription in the form of an
over-the-counter test kit, on their own bodies or on their minor
children or legal wards.
...

Another one I found does NOT address this situation, but our general
coverage by health insurance plans:
HEALTH AND SAFETY CODE SECTION 1367-1374.16 : 263329 bytes.
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=92446429688+1+0+0&WAISaction=retrieve
1367.  Each health care service plan and, if applicable, each
specialized health care service plan shall meet the following
requirements:
...
<DCW note, appears to list reasonable diabetes-care supplies to be covered 
by health-plans in the state of California>
1367.51.  (a) Every health care service plan contract, except a
specialized health care service plan contract, that is issued,
amended, delivered, or renewed on or after January 1, 2000, and that
covers hospital, medical, or surgical expenses shall include coverage
for the following equipment and supplies for the management and
treatment of insulin-using diabetes, non-insulin-using diabetes, and
gestational diabetes as medically necessary, even if the items are
available without a prescription:
   (1) Blood glucose monitors and blood glucose testing strips.
   (2) Blood glucose monitors designed to assist the visually
impaired.
   (3) Insulin pumps and all related necessary supplies.
   (4) Ketone urine testing strips.
   (5) Lancets and lancet puncture devices.
   (6) Pen delivery systems for the administration of insulin.
   (7) Podiatric devices to prevent or treat diabetes-related
complications.
   (8) Insulin syringes.
   (9) Visual aids, excluding eyewear, to assist the visually
impaired with proper dosing of insulin.
   (b) Every health care service plan contract, except a specialized
health care service plan contract, that is issued, amended,
delivered, or renewed on or after January 1, 2000, that covers
prescription benefits shall include coverage for the following
prescription items if the items are determined to be medically
necessary:
   (1) Insulin.
   (2) Prescriptive medications for the treatment of diabetes.
   (3) Glucagon.
   (c) The copayments and deductibles for the benefits specified in
subdivisions (a) and (b) shall not exceed those established for
similar benefits within the given plan.
   (d) Every plan shall provide coverage for diabetes outpatient
self-management training, education, and medical nutrition therapy
necessary to enable an enrollee to properly use the equipment,
supplies, and medications set forth in subdivisions (a) and (b), and
additional diabetes outpatient self-management training, education,
and medical nutrition therapy upon the direction or prescription of
those services by the enrollee's participating physician.  If a plan
delegates outpatient self-management training to contracting
providers, the plan shall require contracting providers to ensure
that diabetes outpatient self-management training, education, and
medical nutrition therapy are provided by appropriately licensed or
registered health care professionals.
   (e) The diabetes outpatient self-management training, education,
and medical nutrition therapy services identified in subdivision (d)
shall be provided by appropriately licensed or registered health care
professionals as prescribed by a participating health care
professional legally authorized to prescribe the service.  These
benefits shall include, but not be limited to, instruction that will
enable diabetic patients and their families to gain an understanding
of the diabetic disease process, and the daily management of diabetic
therapy, in order to thereby avoid frequent hospitalizations and
complications.
   (f) The copayments for the benefits specified in subdivision (d)
shall not exceed those established for physician office visits by the
plan.
   (g) Every health care service plan governed by this section shall
disclose the benefits covered pursuant to this section in the plan's
evidence of coverage and disclosure forms.
   (h) A health care service plan may not reduce or eliminate
coverage as a result of the requirements of this section.
...


Again on "Child Care" i found:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=92446429688+2+0+0&WAISaction=retrieve
CALIFORNIA CODES
HEALTH AND SAFETY CODE
SECTION 1596.70-1596.798

1596.70.  This chapter and Chapters 3.5 (commencing with Section
1596.90) and 3.6 (commencing with 1597.30) may be cited as the
California Child Day Care Facilities Act.
...
1596.797.  (a) Blood glucose testing for the purposes of monitoring
a minor child diagnosed with diabetes may be performed in a child day
care facility in accordance with paragraph (6) of subdivision (b) of
Section 1241 of the Business and Professions Code.
   (b) Nothing in this section, or in any other provision of law,
including, but not limited to, Section 1241 or 2058 of the Business
and Professions Code, shall require an insulin injection to be
administered to any child in a child day care facility.

end of quoting, DCWinegarden writing again:
Maybe the "proviso" we are seeking about disposal of the used
test strips was in that section 2058, but I have not looked there...
the "search engine" on the http://www.leginfo.ca.gov site seems so weak!

David C. Winegarden
Fremont, CA
pumping insulin since 1993, t1 since mid-1950's

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