Full Text of HB6065 96th General Assembly
HB6065enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| (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, | 17 |
| blindness, kidney failure, amputation, and stroke.
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| (3) Federal law affords people with diabetes specific | 19 |
| rights and protections. These laws include Section 504 of | 20 |
| the Rehabilitation Act of 1973, the Individuals with | 21 |
| Disabilities Education Improvement Act of 2004, and the | 22 |
| Americans with Disabilities Act of 1990, and the ADA | 23 |
| Amendments Act of 2008.
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| (4) Federal laws enforced consistently in schools | 2 |
| provide students with diabetes equal educational | 3 |
| opportunities and a healthy and safe environment. | 4 |
| (5) A school nurse is the most appropriate person in a | 5 |
| school setting to provide for all students' healthcare | 6 |
| needs; however, a school nurse may not be available when | 7 |
| needed, and many schools do not have a full-time nurse.
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| (6) Many students are capable of checking their blood | 9 |
| glucose levels, calculating a carbohydrate-to-insulin | 10 |
| ratio, and administering insulin independently. Allowing | 11 |
| capable students to manage diabetes independently in | 12 |
| school is consistent with the recommendations of pediatric | 13 |
| endocrinologists and certified diabetes educators and | 14 |
| other specialists.
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| (7) Because appropriate and consistent diabetes care | 16 |
| decreases the risks of serious short-term and long-term | 17 |
| complications, increases a student's learning | 18 |
| opportunities, and promotes individual and public health | 19 |
| benefits, the General Assembly deems it in the public | 20 |
| interest to enact this Act.
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| Section 10. Definitions. As used in this Act:
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| "Delegated care aide" means a school employee who has | 23 |
| agreed to receive training in diabetes care and to assist | 24 |
| students in implementing their diabetes care plan and has | 25 |
| entered into an agreement with a parent or guardian and the |
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| school district or private school.
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| "Diabetes care plan" means a document that specifies the | 3 |
| diabetes-related services needed by a student at school and at | 4 |
| school-sponsored activities and identifies the appropriate | 5 |
| staff to provide and supervise these services.
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| "Health care provider" means a physician licensed to | 7 |
| practice medicine in all of its branches, advanced practice | 8 |
| nurse who has a written agreement with a collaborating | 9 |
| physician who authorizes the provision of diabetes care, or a | 10 |
| physician assistant who has a written supervision agreement | 11 |
| with a supervising physician who authorizes the provision of | 12 |
| diabetes care. | 13 |
| "Principal" means the principal of the school.
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| "School" means any primary or secondary public, charter, or | 15 |
| private school located in this State.
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| "School employee" means a person who is employed by a | 17 |
| public school district or private school, a person who is | 18 |
| employed by a local health department and assigned to a school, | 19 |
| or a person who contracts with a school or school district to | 20 |
| perform services in connection with a student's diabetes care | 21 |
| plan.
This definition must not be interpreted as requiring a | 22 |
| school district or private school to hire additional personnel | 23 |
| for the sole purpose of serving as a designated care aide. | 24 |
| Section 15. Diabetes care plan.
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| (a) A diabetes care plan shall serve as the basis of a |
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| student's Section 504 plan (29 U.S.C. Sec. 794) and shall be | 2 |
| signed by a student's parent or guardian and submitted to the | 3 |
| school for any student with diabetes who seeks assistance with | 4 |
| diabetes care in the school setting, unless the student has | 5 |
| been managing his or her diabetes care in the school setting | 6 |
| before the effective date of this Act, in which case the | 7 |
| student's parent or guardian may sign and submit a diabetes | 8 |
| care plan under this Act. It is the responsibility of the | 9 |
| student's parent or guardian to share the health care | 10 |
| provider's instructions concerning the student's diabetes | 11 |
| management during the school day.
The diabetes care plan shall | 12 |
| include the treating health care provider's instructions | 13 |
| concerning the student's diabetes management during the school | 14 |
| day, including a copy of the signed prescription and the | 15 |
| methods of insulin administration. | 16 |
| (b) The services and accommodations specified in a diabetes | 17 |
| care plan shall be reasonable, reflect the current standard of | 18 |
| diabetes care, include appropriate safeguards to ensure that | 19 |
| syringes and lancets are disposed of properly, and include | 20 |
| requirements for diet, glucose testing, insulin | 21 |
| administration, and treatment for hypoglycemia, hyperglycemia, | 22 |
| and emergency situations.
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| (c) A diabetes care plan shall include a uniform record of | 24 |
| glucometer readings and insulin administered by the school | 25 |
| nurse or delegated care aide during the school day using a | 26 |
| standardized format provided by the State Board of Education. |
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| (d) A diabetes care plan shall include procedures regarding | 2 |
| when a delegated care aide shall consult with the parent or | 3 |
| guardian, school nurse, where available, or health care | 4 |
| provider to confirm that an insulin dosage is appropriate. | 5 |
| (e) A diabetes care plan shall be submitted to the school | 6 |
| at the beginning of the school year; upon enrollment, as soon | 7 |
| as practical following a student's diagnosis; or when a | 8 |
| student's care needs change during the school year.
Parents | 9 |
| shall be responsible for informing the school in a timely | 10 |
| manner of any changes to the diabetes care plan and their | 11 |
| emergency contact numbers. | 12 |
| Section 20. Delegated care aides.
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| (a) Delegated care aides shall perform the duties necessary | 14 |
| to assist a student with diabetes in accordance with his or her | 15 |
| diabetes care plan and in compliance with any guidelines | 16 |
| provided during training under Section 25 of this Act.
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| (b) In accordance with the diabetes care plan or when an | 18 |
| unexpected snack or meal requires a dose of insulin not | 19 |
| anticipated by a student's diabetes care plan, the delegated | 20 |
| care aide shall consult with the parent or guardian, school | 21 |
| nurse, where available, or health care provider to confirm that | 22 |
| the insulin dosage is appropriate given the number of | 23 |
| carbohydrates to be taken and the student's blood glucose level | 24 |
| as determined by a glucometer reading. | 25 |
| (c) The principal shall facilitate compliance with the |
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| provisions of a diabetes care plan.
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| (d) Delegated care aides are authorized to provide | 3 |
| assistance by a student's parents or guardian and the school | 4 |
| district or private school. | 5 |
| Section 25. Training for school employees and delegated | 6 |
| care aides.
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| (a) In schools that have a student with diabetes, all | 8 |
| school employees shall receive training in the basics of | 9 |
| diabetes care, how to identify when a student with diabetes | 10 |
| needs immediate or emergency medical attention, and whom to | 11 |
| contact in the case of an emergency during a regular in-service | 12 |
| training as provided for by Section 10-22.39 of the School | 13 |
| Code. | 14 |
| (b) Delegated care aides shall be trained to perform the | 15 |
| tasks necessary to assist a student with diabetes in accordance | 16 |
| with his or her diabetes care plan, including training to do | 17 |
| the following:
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| (1) check blood glucose and record results;
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| (2) recognize and respond to the symptoms of | 20 |
| hypoglycemia according to the diabetes care plan;
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| (3) recognize and respond to the symptoms of | 22 |
| hyperglycemia according to the diabetes care plan;
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| (4) estimate the number of carbohydrates in a snack or | 24 |
| lunch;
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| (5) administer insulin according to the student's |
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| diabetes care plan and keep a record of the amount | 2 |
| administered; and | 3 |
| (6) respond in an emergency, including how to | 4 |
| administer glucagon and call 911. | 5 |
| (c) The school district shall coordinate staff training. | 6 |
| (d) Initial training shall be provided by a licensed | 7 |
| healthcare provider with expertise in diabetes or a certified | 8 |
| diabetic educator and individualized by a student's parent or | 9 |
| guardian. Training must be consistent with the guidelines | 10 |
| provided by the U.S. Department of Health and Human Services in | 11 |
| the guide for school personnel entitled "Helping the Student | 12 |
| with Diabetes Succeed". The training shall be updated when the | 13 |
| diabetes care plan is changed and at least annually.
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| (e) School nurses, where available, or health care | 15 |
| providers may provide technical assistance or consultation or | 16 |
| both to delegated care aides. | 17 |
| (f) An information sheet shall be provided to any school | 18 |
| employee who transports a student for school-sponsored | 19 |
| activities. It shall identify the student with diabetes, | 20 |
| identify potential emergencies that may occur as a result of | 21 |
| the student's diabetes and the appropriate responses to such | 22 |
| emergencies, and provide emergency contact information. | 23 |
| Section 30. Self-management.
Provided that the student is | 24 |
| authorized according to his or her diabetes care plan, a | 25 |
| student shall be permitted to do the following: |
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| (1) check blood glucose when and wherever needed; | 2 |
| (2) administer insulin with the insulin delivery | 3 |
| system used by the student;
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| (3) treat hypoglycemia and hyperglycemia and otherwise | 5 |
| attend to the care and management of his or her diabetes in | 6 |
| the classroom, in any area of the school or school grounds | 7 |
| and at any school-related activity or event in accordance | 8 |
| with the diabetes care plan; and | 9 |
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possess on his or her person, at all times, the | 10 |
| supplies and equipment necessary to monitor and treat | 11 |
| diabetes, including, but not limited to, glucometers, | 12 |
| lancets, test strips, insulin, syringes, insulin pens and | 13 |
| needle tips, insulin pumps, infusion sets, alcohol swabs, a | 14 |
| glucagon injection kit, glucose tablets, and food and | 15 |
| drink, in accordance with the diabetes care plan.
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| Section 35. Restricting access to school prohibited.
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| school district shall not restrict the assignment of a student | 18 |
| with diabetes to a particular school on the basis that the | 19 |
| school does not have a full-time school nurse, nor shall a | 20 |
| school deny a student access to any school or school-related | 21 |
| activities on the basis that a student has diabetes.
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| Section 40. Protections against retaliation.
A school | 23 |
| employee shall not be subject to any penalty, sanction, | 24 |
| reprimand, discharge, demotion, denial of a promotion, |
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| withdrawal of benefits, or other disciplinary action for | 2 |
| choosing not to agree to serve as a delegated care aide.
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| Section 45. Civil immunity.
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| (a) A school or a school employee is not liable for civil | 5 |
| or other damages as a result of conduct, other than willful or | 6 |
| wanton misconduct, related to the care of a student with | 7 |
| diabetes.
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| (b) A school employee shall not be subject to any | 9 |
| disciplinary proceeding resulting from an action taken in | 10 |
| compliance with this Act, unless the action constitutes willful | 11 |
| or wanton misconduct.
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| Section 50. Federal law. Nothing in this Act shall limit | 13 |
| any rights available under federal law. | 14 |
| Section 95. The State Mandates Act is amended by adding | 15 |
| Section 8.34 as follows: | 16 |
| (30 ILCS 805/8.34 new) | 17 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 |
| of this Act, no reimbursement by the State is required for the | 19 |
| implementation of any mandate created by this amendatory Act of | 20 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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