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This article and  the original publication PA-03-2006 were written by Lahle Wolfe; revised 12/2006


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Diabetes and civil rights law:  An overview of your legal right to equal access to  programs, benefits, opportunity, accommodations, education, and employment.  Covers legal rights to equal access to benefits, accommodations and opportunity, and the right to administer diabetes related self-care in public places and at work.  Great for anyone who wants to know what the law says about diabetes accomodations, care, and descrimination at work, in schools, and in public places. Includes comprehensive information and examples.  Covers the American with Disabilities Act (ADA), the Rehabilitation Act, and Individuals with Disabilities Education Assistance.  Also, tells where and how to file discrimination complaints. IOH Publication PA-04-2006; 32 pages. Revised 12/06.

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Frequently asked questions about administering diabetes care in public and the work place

This article contains excerpts from Islets of Hope publication PA-03-2006.  You can view and print the publication in its original format at PA-03-2006.  Download free Adobe software to read our publications in .pdf format


1.  Aren’t there laws that prohibit people with diabetes from administering medical care involving blood in public places?

No.  In fact, the opposite is true.  There are many laws the protect people with diabetes so that they can test blood sugars and inject insulin, glucagon, or BYETTA in most public places, facilities, businesses, and transportation systems without restrictions.  However, some laws do affect how and when students may self-care in the public and private school setting so it is important to check your own individual state’s laws regarding students with diabetes. 

There may also be laws in your state or local jurisdiction that mandate how medical waste from diabetes care (i.e., syringes) must be disposed of but these laws vary depending upon where you live.

For more specific information on diabetes and civil rights laws see the section at the end of this publication, “Diabetes and civil rights law.”

2.  How do I know the person is really diabetic and not injecting some other (illegal) drug for recreation?

Simple.  Insulin is not  injected into a vein – ever – unless it is done in a hospital setting through  an IV line.  Illegal drugs like heroine and crack are always injected into veins.  Typically, IV drug users will tie a tourniquet around an arm or leg to make veins more accessible; people with diabetes never use a tourniquet as veins are not involved.

Insulin is not a recreational drug; in fact, insulin is not a drug, but a hormone produced by the beta islets cells of a healthy pancreas.  A person who does not need insulin will very likely die if they inject insulin needlessly, in fact, a person with diabetes must properly calculate the amount of insulin needed or risk serious health complications, including death.

3.  Why can’t a person use some other testing device instead of pricking a finger?  Do they really have to draw blood?

While there are several devices that can test blood glucose (i.e., GlucoWatch and canula devices that are inserted under the skin and worn all the time) they are not always covered by insurance and are very expensive.  Additionally, some of these new devices are not considered safe for pediatric use yet because they are not as accurate.

Alternative devices cause some discomfort to the person using them, and in some cases may hurt more than using a lancing device.  Alternative testing devices must be calibrated daily which means comparing a sample of blood from the alternative device with a blood sample drawn from a lancet.  If how a person feels does not match with a reading from an alternative device, patients are instructed to retest using a fingertip lancet.  For now, alternative testing devices, supplement, but do not replace, the need to also use a traditional lancing device.

Because testing blood sugars is such a critical part of diabetes care, it is the personal decision between a patient and a doctor how and when to test blood sugars.

4.  Why can’t a person with diabetes wait a few minutes and go find a private place to test blood sugar?

There is no way to be certain if blood sugars are normal, too high, or too low, without checking a blood sample.  If a person with diabetes feels “shaky” or a child with diabetes doesn’t seem well, it is critical to stop and check blood sugars immediately because seconds lost while heading to a private place to test can mean the difference between treating a low with juice and having to call the paramedics.

A person who is taking care of their own diabetes can quickly become confused if blood sugar drops too low.  If this happens even an adult will not be able to treat themselves and someone else will have to feed the person a fast sugar, inject glucagon, and/or call 911.  

It is important to note that even if a person with low blood sugar is still conscious they may not be able to swallow or chew and may still require an injection of glucagon.  Delaying testing even a few minutes in order to find a discreet place to test really can make a big difference in the life of a diabetic.  In fact, delaying blood sugar testing could even cost them their life.

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