SB0095sam001 96TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/25/2009

09600SB0095sam001 LRB096 04184 NHT 23390 a

AMENDMENT TO SENATE BILL 95

AMENDMENT NO. ______. Amend Senate Bill 95 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 the following:

(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, which 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 developed 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, and (iv) is signed by the parent or guardian.

"Health care provider with expertise in diabetes" means a physician licensed to practice medicine in all its branches, an advanced practice nurse, a registered professional nurse, or a certificated school nurse.

"School" means a elementary 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.

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

(a) Each school board and governing body of a private or charter school must adopt and implement a policy that does all of the following:

(1) Informs the parent or guardian of a student with diabetes of his or her 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 the student with diabetes, diagnosis of the student's diabetes, or change in the student's condition if such 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) Permits 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 without limitation the classroom, in accordance with his or her 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, the in-service training of school employees by a health care provider with expertise in diabetes regarding the care of students with diabetes.

(7) Requires school employees who have completed the in-service training regarding the care of students with diabetes to assist students who are unable to provide self-care.

(b) Each school board and governing body of a private or charter school shall develop a policy under this Section no later than July 1, 2010.

Section 20. Guidelines and procedures. The Department of Human Services, in consultation with the State Board of Education and other appropriate representatives of without limitation the Illinois Society for Advanced Practice Nursing, the Illinois State Medical Society, the Illinois Chapter of the American Diabetes Association, and the Illinois Association of School Nurses, shall develop all guidelines and procedures necessary for the implementation of this Act.

Section 25. Civil immunity. A physician, nurse, school employee, public charter school or public school district, or 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.".