Sen. Jeffrey M. Schoenberg
Filed: 5/11/2004
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4154




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    AMENDMENT NO. ______. Amend House Bill 4154 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title. This Act may be cited as the Care 
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of Students with Diabetes Act.
 
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    Section 5. Legislative findings. The General Assembly 
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finds as follows:
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        (1) Diabetes is a serious chronic disease that 
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    interferes with the body's ability to produce or use 
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    insulin, impairing the body's ability to metabolize food.  
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    Diabetes must be managed 24 hours a day in order to (i) 
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    avoid the potentially life-threatening short-term 
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    consequences of blood sugar levels that are either too high 
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    or too low and (ii) avoid or delay the serious long-term 
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    complications of high blood sugar levels that include 
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    blindness, amputation, heart disease, and kidney failure.  
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        (2) In order to manage their disease, students with 
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    diabetes must have access to the means to balance food, 
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    medications, and physical activity levels while at school 
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    and school-sponsored activities. 
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        (3) A certificated school nurse is the most appropriate 
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    person in the school setting to coordinate health care 
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    services for a student with diabetes.  
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        (4) Because of the significant number of students with 
 


 






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    Type 1 diabetes and the increasing prevalence of Type 2 
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    diabetes, the effect on a student's ability to learn, and 
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    the risk for serious long-term and short-term medical 
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    complications, the General Assembly deems it in the public 
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    interest to enact this Act.
 
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    Section 10. Definitions.  In this Act:
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    "Diabetes medical management plan" means a document that 
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(i) is developed by the parent or guardian of a student with 
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diabetes, (ii) is a treatment and care plan for the student's 
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specific medical needs by the student's treating physician 
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licensed to practice medicine in all its branches, advanced 
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practice nurse who has a collaborative agreement with a 
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collaborating physician that authorizes development of a 
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diabetes medical management plan, or physician assistant who 
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has been delegated authority to develop a diabetes medical 
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management plan, (iii) sets out the services needed by the 
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student at school and school-sponsored activities, (iv) is 
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signed by the parent or guardian, and (v) is signed by the 
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physician or advanced practice nurse authorized to develop the 
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diabetes medical management plan.
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    "School" means a primary or secondary public, charter, or 
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private school located in this State.
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    "School employee" means a person who is employed by a 
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public school district or private school, a person who is 
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employed by a local health department and assigned to a school, 
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or a person who contracts with a school or school district to 
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perform services in connection with the care of students with 
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diabetes.
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    "Health care provider with expertise in diabetes" means a 
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physician, an advanced practice nurse, a registered 
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professional nurse with continuing education in 
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diabetes-related areas, a certificated school nurse, or a 
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licensed dietitian nutritionist.
 
 


 






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    Section 15. School policies; diabetes medical management 
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plan; self-care; training. 
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    (a) Each school board and each governing body of a private 
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or charter school must adopt and implement a policy that:
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        (1) Informs the parent or guardian of a student with 
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    diabetes of the parent or guardian's obligation to submit a 
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    diabetes medical management plan.
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        (2) Requires the parent or guardian of a student with 
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    diabetes who seeks diabetes care while at school and 
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    school-sponsored activities to submit a diabetes medical 
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    management plan to the school prior to the beginning of 
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    each school year or upon enrollment of a student with 
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    diabetes or diagnosis of a student's diabetes or change in 
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    the student's condition if the enrollment, diagnosis, or 
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    change occurs during the school year.
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        (3) Permits a student with diabetes, upon written 
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    request of the parent or guardian, in accordance with the 
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    student's submitted diabetes medical management plan, to 
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    test his or her blood glucose level, administer insulin, 
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    treat hypoglycemia and hyperglycemia, and otherwise 
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    provide diabetes self-care.
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        (4) Allows a student to possess on his or her person at 
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    all times the supplies and equipment necessary to perform 
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    diabetes self-care at any time, in any area of the school 
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    or school grounds, including, but not limited to, the 
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    classroom, in accordance with the student's diabetes 
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    medical management plan.
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        (5) Informs the parent or guardian and the student with 
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    diabetes of their right to request self-care.
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        (6) Requires, at least once every 2 years or upon the 
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    identification of a student with diabetes, the in-service 
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    training of school employees by a health care provider with 
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    expertise in diabetes regarding the care of students with 
 


 






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    diabetes.
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        (7) Requires school employees who have completed the 
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    in-service training regarding the care of students with 
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    diabetes to assist students who are unable to provide 
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    self-care.
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    (b) Each school board and each governing body of a private 
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or charter school shall develop a policy in accordance with 
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subsection (a) no later than July 1, 2005.
 
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    Section 20. Guidelines and procedures. The Department of 
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Human Services, in consultation with the State Board of 
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Education and other appropriate representatives of entities 
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including, but not limited to, the Illinois Society for 
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Advanced Practice Nursing, the Illinois State Medical Society, 
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the American Diabetes Association, and the Illinois 
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Association of School Nurses shall develop all guidelines and 
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procedures necessary for the implementation of this Act. 
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Guidelines for training may  include, but need not be limited 
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to, accepted training standards, emergency procedures, and 
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identification of school personnel to be trained.
 
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    Section 25. Civil immunity.  A physician, a nurse, school 
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employees, a public charter school or public school district, 
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or a governing body of a private school is not liable for civil 
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or other damages as a result of conduct other than willful or 
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wanton misconduct related to the care of a student with 
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diabetes under this Act.
 
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    Section 30. Federal law.  Nothing in this Act shall limit 
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any rights available under federal law.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".