SB 48 — STUDENT DIABETES MANAGEMENT ACT

A school or governing body shall not r i = r t e w d m a n o discourage employees from volunteering for training.

No health d m :

b e d s º o t n = .211819.1 s k m e - 5 - e a n e d r e l u [ A d care practitioner, school employee, school nurse, school or governing body shall be subject to disciplinary action under professional licensing rules or school disciplinary policies as a result of the activities authorized by the Student Diabetes Management Act when these acts are committed as an ordinarily reasonably prudent person would have acted under the same or similar circumstances.»Sfl SflºE D»Sfl.

SflºE. F E»Sfl.

Each governing body shall ensure that the following training is provided on an annual basis to all school personnel who have primary responsibility for h supervising a student with diabetes during some portion of the g o t hr school day and to bus drivers responsible for the g e i k transportation of a student with diabetes:

h r i s (1) recognition of hypoglycemia;

h , t, e u g (2) recognition of hyperglycemia;

and eSB b48 lPage e5 e h (3) actions to take in response to n d d i = = o h diabetes related emergency situations.

l ] b ,d i a º e r i = r SECTION 4.

[NEW MATERIAL ] DIABETES MEDICAL MANAGEMENT t e w d m a n o PLAN.-- dA. m :

b e d s º o t n = .211819.1 s k m e - 6 - e a n e d r e l u [ A d A.

[NEW MATERIAL] SCHOOL DIABETES CARE.-- A.

(1) checking and recording the student's blood h glucose levels and ketone levels or assisting the student with g o t hr checking and recording these levels;

g e i k (2) responding to blood glucose levels that h r i s are outside of the student's target range;

h , t, (3) administering glucagon and other emergency e u g e b l e e h treatments as prescribed;

nSB d48 dPage i6 = = o h (4) administering insulin or assisting a l ] b ,d i a º e student in administering insulin through the insulin delivery r i = r t e w d m a n o system that the student uses;

d(5) mproviding :oral diabetes medications;

b e d s º o t n = .211819.1 s k m e - 7 - e a n e d r e l u [ A d (5) providing oral diabetes medications;

A school nurse or at least one diabetes care personnel shall be at each school where a student with diabetes is attending and shall be available to provide care to each student with diabetes as provided pursuant to Subsection A of this section during regular school hours and during all school-school-sponsored sponsored activities, trips, extended offsite excursions and extracurricular activities in which a student with diabetes is a participant and on buses where the bus driver has not been trained in diabetes care and a student with diabetes is a passenger.

[NEW MATERIAL ] APPLICATION OF OTHER LAWS.-- A.

The provisions of Subsection A of Section 5 of the Student Diabetes Management Act shall not constitute the h practice of nursing and shall be exempted from all applicable u » r statutory or regulatory provisions that restrict what t h g e l i activities can be delegated to or performed by a person who is h r i s not a health care practitioner.

h , e h B.

Nothing in the Student Diabetes Management Act t u g e b l e e , gh shall diminish the rights of eligible students or the nSB d48 dPage i7 = = o h obligations of school districts under the federal Individuals l ] b ,d i a º r with Disabilities Education Act, Section 504 of the federal e r = t e w d m a n o Rehabilitation Act or the federal Americans with Disabilities dAct mof :1990.

b r e t º o t n = .211819.1 s k m e - 8 - e a n e d r e l u [ A d Act of 1990.

[NEW MATERIAL] SCHOOL ASSIGNMENT--DIABETES CARE PROVISION.-- A.

[NEW MATERIAL ] DIABETES SELF-MANAGEMENT.--Upon h the written request of a parent or guardian of a student with u » r diabetes and authorization by the student's diabetes medical t h g e l i management plan, a student with diabetes shall be permitted to h r i s perform blood glucose checks, administer insulin through the h , e h insulin delivery system that the student uses, treat t u g e b l e e , gh hypoglycemia and hyperglycemia and otherwise attend to the careSB n48 dPage d8 icare = = o h and management of the student's diabetes in the classroom, in l ] b ,d i a º r any area of the school or school grounds and at any e r = t e w d m a n o school-related activity.

A student with diabetes shall be dpermitted mto :possess on the student's person at all times all necessary supplies and equipment to perform these monitoring and treatment functions.

b r e t º o t n = .211819.1 s k m e - 9 - e a n e d r e l u [ A d permitted to possess on the student's person at all times all necessary supplies and equipment to perform these monitoring and treatment functions.

[NEW MATERIAL ] ENFORCEMENT.-- A.

Governing bodies shall provide a report to the SJCºdepartment of health and the»SJC public education department by October 15, 2020 and by each October 15 thereafter.

(1) state how many students with diabetes are attending SJCº the governing body's»SJC schools SJCºinin each school district»SJC;district;

and (2) provide documentation regarding the compliance of the school SJCºdistrict district»SJC with the provisions of the Student Diabetes Management Act.

h B.

By December 31, 2019, the secretary of g o t hr SJCº health, in consultation with the»SJC public education g e i k SJCºdepartment,»SJC shall establish by rule the format of the h r i s report required pursuant to Subsection A of this section and h , t, e u g the criteria for documentation.

e b l e e h C.

The SJCºpublic department of health»SJC SJCºpublic n d d i = = o h education department»SJCdepartment shall publish each report required l ] b ,d i a º e r i = r pursuant to Subsection A of this section on its website by t e w d m a n o November 15, 2020 and by each November 15 thereafter.

dSB m48 :Page 9 D.

bStudents ewith ddiabetes sand ºtheir oparents tor nguardians =may .211819.1bring san kadministrative mcomplaint ewith -the 10public -education edepartment aagainst nany eschool dor rgoverning ebody lthat ufails [to Ameet dits D.obligations to train school personnel to provide diabetes care as provided in Section 3 of the Student Diabetes Management Act, to provide the diabetes care described in Section 5 of the Student Diabetes Management Act or to permit self-management of diabetes as outlined in Section 8 of the Student Diabetes Management Act.

Students with diabetes and their parents or guardians may bring an administrative complaint with the public education department SJCº for public schools or the department of health for private schools»SJC against any school or governing body that fails to meet its obligations to train school personnel to provide diabetes care as provided in Section 3 of the Student Diabetes Management Act, to provide the diabetes care described in Section 5 of the Student Diabetes Management Act or to permit self-management of diabetes as outlined in Section 8 of the Student Diabetes Management Act.

-SB 1148 -Page h10 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211819.1 s k m e e a n e d r e l u [ A d