Sen. Heather Steans
Filed: 4/19/2010
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1 | AMENDMENT TO HOUSE BILL 6065
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2 | AMENDMENT NO. ______. Amend House Bill 6065 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Care | ||||||
5 | of Students with Diabetes Act. | ||||||
6 | Section 5. Legislative findings. The General Assembly | ||||||
7 | finds the following: | ||||||
8 | (1) Diabetes is a serious chronic disease in which the | ||||||
9 | pancreas does not make insulin (Type 1) or the body cannot | ||||||
10 | use insulin properly (Type 2).
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11 | (2) Diabetes must be managed 24 hours a day to avoid | ||||||
12 | the potentially life-threatening, short-term consequences | ||||||
13 | of low blood sugar and prevent or delay the serious | ||||||
14 | complications caused by blood sugar levels that are too | ||||||
15 | high for too long, such as atherosclerosis, coronary artery | ||||||
16 | disease, peripheral vascular disease, hypertension, |
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1 | blindness, kidney failure, amputation, and stroke.
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2 | (3) Federal law affords people with diabetes specific | ||||||
3 | rights and protections. These laws include Section 504 of | ||||||
4 | the Rehabilitation Act of 1973, the Individuals with | ||||||
5 | Disabilities Education Improvement Act of 2004, and the | ||||||
6 | Americans with Disabilities Act of 1990, and the ADA | ||||||
7 | Amendments Act of 2008.
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8 | (4) Federal laws enforced consistently in schools | ||||||
9 | provide students with diabetes equal educational | ||||||
10 | opportunities and a healthy and safe environment. | ||||||
11 | (5) A school nurse is the most appropriate person in a | ||||||
12 | school setting to provide for all students' healthcare | ||||||
13 | needs; however, a school nurse may not be available when | ||||||
14 | needed, and many schools do not have a full-time nurse.
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15 | (6) Many students are capable of checking their blood | ||||||
16 | glucose levels, calculating a carbohydrate-to-insulin | ||||||
17 | ratio, and administering insulin independently. Allowing | ||||||
18 | capable students to manage diabetes independently in | ||||||
19 | school is consistent with the recommendations of pediatric | ||||||
20 | endocrinologists and certified diabetes educators and | ||||||
21 | other specialists.
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22 | (7) Because appropriate and consistent diabetes care | ||||||
23 | decreases the risks of serious short-term and long-term | ||||||
24 | complications, increases a student's learning | ||||||
25 | opportunities, and promotes individual and public health | ||||||
26 | benefits, the General Assembly deems it in the public |
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1 | interest to enact this Act.
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2 | Section 10. Definitions. As used in this Act:
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3 | "Delegated care aide" means a school employee who has | ||||||
4 | agreed to receive training in diabetes care and to assist | ||||||
5 | students in implementing their diabetes care plan and has | ||||||
6 | entered into an agreement with a parent or guardian and the | ||||||
7 | school district or private school.
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8 | "Diabetes care plan" means a document that specifies the | ||||||
9 | diabetes-related services needed by a student at school and at | ||||||
10 | school-sponsored activities and identifies the appropriate | ||||||
11 | staff to provide and supervise these services.
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12 | "Health care provider" means a physician licensed to | ||||||
13 | practice medicine in all of its branches, advanced practice | ||||||
14 | nurse who has a written agreement with a collaborating | ||||||
15 | physician who authorizes the provision of diabetes care, or a | ||||||
16 | physician assistant who has a written supervision agreement | ||||||
17 | with a supervising physician who authorizes the provision of | ||||||
18 | diabetes care. | ||||||
19 | "Principal" means the principal of the school.
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20 | "School" means any primary or secondary public, charter, or | ||||||
21 | private school located in this State.
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22 | "School employee" means a person who is employed by a | ||||||
23 | public school district or private school, a person who is | ||||||
24 | employed by a local health department and assigned to a school, | ||||||
25 | or a person who contracts with a school or school district to |
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1 | perform services in connection with a student's diabetes care | ||||||
2 | plan.
This definition must not be interpreted as requiring a | ||||||
3 | school district or private school to hire additional personnel | ||||||
4 | for the sole purpose of serving as a designated care aide. | ||||||
5 | Section 15. Diabetes care plan.
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6 | (a) A diabetes care plan shall serve as the basis of a | ||||||
7 | student's Section 504 plan (29 U.S.C. Sec. 794) and shall be | ||||||
8 | signed by a student's parent or guardian and submitted to the | ||||||
9 | school for any student with diabetes who seeks assistance with | ||||||
10 | diabetes care in the school setting, unless the student has | ||||||
11 | been managing his or her diabetes care in the school setting | ||||||
12 | before the effective date of this Act, in which case the | ||||||
13 | student's parent or guardian may sign and submit a diabetes | ||||||
14 | care plan under this Act. It is the responsibility of the | ||||||
15 | student's parent or guardian to share the health care | ||||||
16 | provider's instructions concerning the student's diabetes | ||||||
17 | management during the school day.
The diabetes care plan shall | ||||||
18 | include the treating health care provider's instructions | ||||||
19 | concerning the student's diabetes management during the school | ||||||
20 | day, including a copy of the signed prescription and the | ||||||
21 | methods of insulin administration. | ||||||
22 | (b) The services and accommodations specified in a diabetes | ||||||
23 | care plan shall be reasonable, reflect the current standard of | ||||||
24 | diabetes care, include appropriate safeguards to ensure that | ||||||
25 | syringes and lancets are disposed of properly, and include |
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1 | requirements for diet, glucose testing, insulin | ||||||
2 | administration, and treatment for hypoglycemia, hyperglycemia, | ||||||
3 | and emergency situations.
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4 | (c) A diabetes care plan shall include a uniform record of | ||||||
5 | glucometer readings and insulin administered by the school | ||||||
6 | nurse or delegated care aide during the school day using a | ||||||
7 | standardized format provided by the State Board of Education. | ||||||
8 | (d) A diabetes care plan shall include procedures regarding | ||||||
9 | when a delegated care aide shall consult with the parent or | ||||||
10 | guardian, school nurse, where available, or health care | ||||||
11 | provider to confirm that an insulin dosage is appropriate. | ||||||
12 | (e) A diabetes care plan shall be submitted to the school | ||||||
13 | at the beginning of the school year; upon enrollment, as soon | ||||||
14 | as practical following a student's diagnosis; or when a | ||||||
15 | student's care needs change during the school year.
Parents | ||||||
16 | shall be responsible for informing the school in a timely | ||||||
17 | manner of any changes to the diabetes care plan and their | ||||||
18 | emergency contact numbers. | ||||||
19 | Section 20. Delegated care aides.
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20 | (a) Delegated care aides shall perform the duties necessary | ||||||
21 | to assist a student with diabetes in accordance with his or her | ||||||
22 | diabetes care plan and in compliance with any guidelines | ||||||
23 | provided during training under Section 25 of this Act.
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24 | (b) In accordance with the diabetes care plan or when an | ||||||
25 | unexpected snack or meal requires a dose of insulin not |
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1 | anticipated by a student's diabetes care plan, the delegated | ||||||
2 | care aide shall consult with the parent or guardian, school | ||||||
3 | nurse, where available, or health care provider to confirm that | ||||||
4 | the insulin dosage is appropriate given the number of | ||||||
5 | carbohydrates to be taken and the student's blood glucose level | ||||||
6 | as determined by a glucometer reading. | ||||||
7 | (c) The principal shall facilitate compliance with the | ||||||
8 | provisions of a diabetes care plan.
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9 | (d) Delegated care aides are authorized to provide | ||||||
10 | assistance by a student's parents or guardian and the school | ||||||
11 | district or private school. | ||||||
12 | Section 25. Training for school employees and delegated | ||||||
13 | care aides.
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14 | (a) In schools that have a student with diabetes, all | ||||||
15 | school employees shall receive training in the basics of | ||||||
16 | diabetes care, how to identify when a student with diabetes | ||||||
17 | needs immediate or emergency medical attention, and whom to | ||||||
18 | contact in the case of an emergency during a regular in-service | ||||||
19 | training as provided for by Section 10-22.39 of the School | ||||||
20 | Code. | ||||||
21 | (b) Delegated care aides shall be trained to perform the | ||||||
22 | tasks necessary to assist a student with diabetes in accordance | ||||||
23 | with his or her diabetes care plan, including training to do | ||||||
24 | the following:
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25 | (1) check blood glucose and record results;
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1 | (2) recognize and respond to the symptoms of | ||||||
2 | hypoglycemia according to the diabetes care plan;
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3 | (3) recognize and respond to the symptoms of | ||||||
4 | hyperglycemia according to the diabetes care plan;
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5 | (4) estimate the number of carbohydrates in a snack or | ||||||
6 | lunch;
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7 | (5) administer insulin according to the student's | ||||||
8 | diabetes care plan and keep a record of the amount | ||||||
9 | administered; and | ||||||
10 | (6) respond in an emergency, including how to | ||||||
11 | administer glucagon and call 911. | ||||||
12 | (c) The school district shall coordinate staff training. | ||||||
13 | (d) Initial training shall be provided by a licensed | ||||||
14 | healthcare provider with expertise in diabetes or a certified | ||||||
15 | diabetic educator and individualized by a student's parent or | ||||||
16 | guardian. Training must be consistent with the guidelines | ||||||
17 | provided by the U.S. Department of Health and Human Services in | ||||||
18 | the guide for school personnel entitled "Helping the Student | ||||||
19 | with Diabetes Succeed". The training shall be updated when the | ||||||
20 | diabetes care plan is changed and at least annually.
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21 | (e) School nurses, where available, or health care | ||||||
22 | providers may provide technical assistance or consultation or | ||||||
23 | both to delegated care aides. | ||||||
24 | (f) An information sheet shall be provided to any school | ||||||
25 | employee who transports a student for school-sponsored | ||||||
26 | activities. It shall identify the student with diabetes, |
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1 | identify potential emergencies that may occur as a result of | ||||||
2 | the student's diabetes and the appropriate responses to such | ||||||
3 | emergencies, and provide emergency contact information. | ||||||
4 | Section 30. Self-management.
Provided that the student is | ||||||
5 | authorized according to his or her diabetes care plan, a | ||||||
6 | student shall be permitted to do the following: | ||||||
7 | (1) check blood glucose when and wherever needed; | ||||||
8 | (2) administer insulin with the insulin delivery | ||||||
9 | system used by the student;
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10 | (3) treat hypoglycemia and hyperglycemia and otherwise | ||||||
11 | attend to the care and management of his or her diabetes in | ||||||
12 | the classroom, in any area of the school or school grounds | ||||||
13 | and at any school-related activity or event in accordance | ||||||
14 | with the diabetes care plan; and | ||||||
15 | (4)
possess on his or her person, at all times, the | ||||||
16 | supplies and equipment necessary to monitor and treat | ||||||
17 | diabetes, including, but not limited to, glucometers, | ||||||
18 | lancets, test strips, insulin, syringes, insulin pens and | ||||||
19 | needle tips, insulin pumps, infusion sets, alcohol swabs, a | ||||||
20 | glucagon injection kit, glucose tablets, and food and | ||||||
21 | drink, in accordance with the diabetes care plan.
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22 | Section 35. Restricting access to school prohibited.
A | ||||||
23 | school district shall not restrict the assignment of a student | ||||||
24 | with diabetes to a particular school on the basis that the |
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1 | school does not have a full-time school nurse, nor shall a | ||||||
2 | school deny a student access to any school or school-related | ||||||
3 | activities on the basis that a student has diabetes.
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4 | Section 40. Protections against retaliation.
A school | ||||||
5 | employee shall not be subject to any penalty, sanction, | ||||||
6 | reprimand, discharge, demotion, denial of a promotion, | ||||||
7 | withdrawal of benefits, or other disciplinary action for | ||||||
8 | choosing not to agree to serve as a delegated care aide.
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9 | Section 45. Civil immunity.
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10 | (a) A school or a school employee is not liable for civil | ||||||
11 | or other damages as a result of conduct, other than willful or | ||||||
12 | wanton misconduct, related to the care of a student with | ||||||
13 | diabetes.
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14 | (b) A school employee shall not be subject to any | ||||||
15 | disciplinary proceeding resulting from an action taken in | ||||||
16 | compliance with this Act, unless the action constitutes willful | ||||||
17 | or wanton misconduct.
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18 | Section 50. Federal law. Nothing in this Act shall limit | ||||||
19 | any rights available under federal law. | ||||||
20 | Section 95. The State Mandates Act is amended by adding | ||||||
21 | Section 8.34 as follows: |
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1 | (30 ILCS 805/8.34 new) | ||||||
2 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
3 | of this Act, no reimbursement by the State is required for the | ||||||
4 | implementation of any mandate created by this amendatory Act of | ||||||
5 | the 96th General Assembly.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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