Full Text of SB0095 96th General Assembly
SB0095sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 95
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| AMENDMENT NO. ______. Amend Senate Bill 95 by replacing | 3 |
| everything after the enacting clause with the following:
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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 that | 9 |
| interferes with the body's ability to produce or use | 10 |
| insulin, impairing the body's ability to metabolize food. | 11 |
| Diabetes must be managed 24 hours a day in order to (i) | 12 |
| avoid the potentially life-threatening short-term | 13 |
| consequences of blood sugar levels that are either too high | 14 |
| or too low and (ii) avoid or delay the serious long-term | 15 |
| complications of high blood sugar levels, which include | 16 |
| blindness, amputation, heart disease, and kidney failure. |
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| (2) In order to manage their disease, students with | 2 |
| diabetes must have access to the means to balance food, | 3 |
| medications, and physical activity levels while at school | 4 |
| and school-sponsored activities. | 5 |
| (3) A certificated school nurse is the most appropriate | 6 |
| person in the school setting to coordinate health care | 7 |
| services for a student with diabetes. | 8 |
| (4) Because of the significant number of students with | 9 |
| Type 1 diabetes and the increasing prevalence of Type 2 | 10 |
| diabetes, the effect on a student's ability to learn, and | 11 |
| the risk for serious long-term and short-term medical | 12 |
| complications, the General Assembly deems it in the public | 13 |
| interest to enact this Act. | 14 |
| Section 10. Definitions. In this Act: | 15 |
| "Diabetes medical management plan" means a document that | 16 |
| (i) is developed by the parent or guardian of a student with | 17 |
| diabetes, (ii) is a treatment and care plan for the student's | 18 |
| specific medical needs developed by the student's treating | 19 |
| physician licensed to practice medicine in all its branches, | 20 |
| advanced practice nurse who has a collaborative agreement with | 21 |
| a collaborating physician that authorizes development of a | 22 |
| diabetes medical management plan, or physician assistant who | 23 |
| has been delegated authority to develop a diabetes medical | 24 |
| management plan, (iii) sets out the services needed by the | 25 |
| student at school and school-sponsored activities, and (iv) is |
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| signed by the parent or guardian. | 2 |
| "Health care provider with expertise in diabetes" means a | 3 |
| physician licensed to practice medicine in all its branches, an | 4 |
| advanced practice nurse, a registered professional nurse, or a | 5 |
| certificated school nurse. | 6 |
| "School" means a elementary or secondary public, charter, | 7 |
| or private school located in this State. | 8 |
| "School employee" means a person who is employed by a | 9 |
| public school district or private school, a person who is | 10 |
| employed by a local health department and assigned to a school, | 11 |
| or a person who contracts with a school or school district to | 12 |
| perform services in connection with the care of students with | 13 |
| diabetes. | 14 |
| Section 15. School policies; diabetes medical management | 15 |
| plan; self-care; training. | 16 |
| (a) Each school board and governing body of a private or | 17 |
| charter school must adopt and implement a policy that does all | 18 |
| of the following: | 19 |
| (1) Informs the parent or guardian of a student with | 20 |
| diabetes of his or her obligation to submit a diabetes | 21 |
| medical management plan. | 22 |
| (2) Requires the parent or guardian of a student with | 23 |
| diabetes who seeks diabetes care while at school and | 24 |
| school-sponsored activities to submit a diabetes medical | 25 |
| management plan to the school prior to the beginning of |
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| each school year or upon enrollment of the student with | 2 |
| diabetes, diagnosis of the student's diabetes, or change in | 3 |
| the student's condition if such enrollment, diagnosis, or | 4 |
| change occurs during the school year. | 5 |
| (3) Permits a student with diabetes, upon written | 6 |
| request of the parent or guardian, in accordance with the | 7 |
| student's submitted diabetes medical management plan, to | 8 |
| test his or her blood glucose level, administer insulin, | 9 |
| treat hypoglycemia and hyperglycemia, and otherwise | 10 |
| provide diabetes self-care.
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| (4) Permits a student to possess on his or her person | 12 |
| at all times the supplies and equipment necessary to | 13 |
| perform diabetes self-care at any time, in any area of the | 14 |
| school or school grounds, including without limitation the | 15 |
| classroom, in accordance with his or her diabetes medical | 16 |
| management plan.
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| (5) Informs the parent or guardian and the student with | 18 |
| diabetes of their right to request self-care.
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| (6) Requires, at least once every 2 years, the | 20 |
| in-service training of school employees by a health care | 21 |
| provider with expertise in diabetes regarding the care of | 22 |
| students with diabetes.
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| (7) Requires school employees who have completed the | 24 |
| in-service training regarding the care of students with | 25 |
| diabetes to assist students who are unable to provide | 26 |
| self-care.
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| (b) Each school board and governing body of a private or | 2 |
| charter school shall develop a policy under this Section no | 3 |
| later than July 1, 2010. | 4 |
| Section 20. Guidelines and procedures. The Department of | 5 |
| Human Services, in consultation with the State Board of | 6 |
| Education and other appropriate representatives of without | 7 |
| limitation the Illinois Society for Advanced Practice Nursing, | 8 |
| the Illinois State Medical Society, the Illinois Chapter of the | 9 |
| American Diabetes Association, and the Illinois Association of | 10 |
| School Nurses, shall develop all guidelines and procedures | 11 |
| necessary for the implementation of this Act. | 12 |
| Section 25. Civil immunity. A physician, nurse, school | 13 |
| employee, public charter school or public school district, or | 14 |
| governing body of a private school is not liable for civil or | 15 |
| other damages as a result of conduct, other than willful or | 16 |
| wanton misconduct, related to the care of a student with | 17 |
| diabetes under this Act. | 18 |
| Section 30. Federal law. Nothing in this Act shall limit | 19 |
| any rights available under federal law.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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