HB4154sam002 93RD GENERAL ASSEMBLY

Sen. Jeffrey M. Schoenberg

Filed: 5/12/2004

09300HB4154sam002 SDS093 00106 NOH 40057 a

AMENDMENT TO HOUSE BILL 4154

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

"Section 1. Short title. This Act may be cited as the Care of Students with Diabetes Act.

Section 5. Legislative findings. The General Assembly finds as follows:

(1) Diabetes is a serious chronic disease that interferes with the body's ability to produce or use insulin, impairing the body's ability to metabolize food. Diabetes must be managed 24 hours a day in order to (i) avoid the potentially life-threatening short-term consequences of blood sugar levels that are either too high or too low and (ii) avoid or delay the serious long-term complications of high blood sugar levels that include blindness, amputation, heart disease, and kidney failure.

(2) In order to manage their disease, students with diabetes must have access to the means to balance food, medications, and physical activity levels while at school and school-sponsored activities.

(3) A certificated school nurse is the most appropriate person in the school setting to coordinate health care services for a student with diabetes.

(4) Because of the significant number of students with Type 1 diabetes and the increasing prevalence of Type 2 diabetes, the effect on a student's ability to learn, and the risk for serious long-term and short-term medical complications, the General Assembly deems it in the public interest to enact this Act.

Section 10. Definitions. In this Act:

"Diabetes medical management plan" means a document that (i) is developed by the parent or guardian of a student with diabetes, (ii) is a treatment and care plan for the student's specific medical needs by the student's treating physician licensed to practice medicine in all its branches, advanced practice nurse who has a collaborative agreement with a collaborating physician that authorizes development of a diabetes medical management plan, or physician assistant who has been delegated authority to develop a diabetes medical management plan, (iii) sets out the services needed by the student at school and school-sponsored activities, (iv) is signed by the parent or guardian, and (v) is signed by the physician or advanced practice nurse authorized to develop the diabetes medical management plan.

"School" means a primary or secondary public, charter, or private school located in this State.

"School employee" means a person who is employed by a public school district or private school, a person who is employed by a local health department and assigned to a school, or a person who contracts with a school or school district to perform services in connection with the care of students with diabetes.

"Health care provider with expertise in diabetes" means a physician, an advanced practice nurse, a registered professional nurse with continuing education in diabetes-related areas, a certificated school nurse, or a licensed dietitian nutritionist.

Section 15. School policies; diabetes medical management plan; self-care; training.

(a) Each school board and each governing body of a private or charter school must adopt and implement a policy that:

(1) Informs the parent or guardian of a student with diabetes of the parent or guardian's obligation to submit a diabetes medical management plan.

(2) Requires the parent or guardian of a student with diabetes who seeks diabetes care while at school and school-sponsored activities to submit a diabetes medical management plan to the school prior to the beginning of each school year or upon enrollment of a student with diabetes or diagnosis of a student's diabetes or change in the student's condition if the enrollment, diagnosis, or change occurs during the school year.

(3) Permits a student with diabetes, upon written request of the parent or guardian, in accordance with the student's submitted diabetes medical management plan, to test his or her blood glucose level, administer insulin, treat hypoglycemia and hyperglycemia, and otherwise provide diabetes self-care.

(4) Allows a student to possess on his or her person at all times the supplies and equipment necessary to perform diabetes self-care at any time, in any area of the school or school grounds, including, but not limited to, the classroom, in accordance with the student's diabetes medical management plan.

(5) Informs the parent or guardian and the student with diabetes of their right to request self-care.

(6) Requires, at least once every 2 years or upon the identification of a student with diabetes, the in-service training of school employees by a health care provider with expertise in diabetes regarding the care of students with diabetes.

(b) Each school board and each governing body of a private or charter school shall develop a policy in accordance with subsection (a) no later than July 1, 2005.

Section 20. Guidelines and procedures. The Department of Human Services, in consultation with the State Board of Education and other appropriate representatives of entities including, but not limited to, the Illinois Society for Advanced Practice Nursing, the Illinois State Medical Society, the American Diabetes Association, and the Illinois Association of School Nurses shall develop all guidelines and procedures necessary for the implementation of this Act. Guidelines for training may include, but need not be limited to, accepted training standards, emergency procedures, and identification of school personnel to be trained.

Section 25. Civil immunity. A physician, a nurse, school employees, a public charter school or public school district, or a governing body of a private school is not liable for civil or other damages as a result of conduct other than willful or wanton misconduct related to the care of a student with diabetes under this Act.

Section 30. Federal law. Nothing in this Act shall limit any rights available under federal law.

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