Sen. Jeffrey M. Schoenberg
Filed: 5/11/2004
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1 | AMENDMENT TO HOUSE BILL 4154
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2 | AMENDMENT NO. ______. Amend House Bill 4154 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 as follows: | ||||||
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 that include | ||||||
16 | blindness, amputation, heart disease, and kidney failure. | ||||||
17 | (2) In order to manage their disease, students with | ||||||
18 | diabetes must have access to the means to balance food, | ||||||
19 | medications, and physical activity levels while at school | ||||||
20 | and school-sponsored activities. | ||||||
21 | (3) A certificated school nurse is the most appropriate | ||||||
22 | person in the school setting to coordinate health care | ||||||
23 | services for a student with diabetes. | ||||||
24 | (4) Because of the significant number of students with |
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1 | Type 1 diabetes and the increasing prevalence of Type 2 | ||||||
2 | diabetes, the effect on a student's ability to learn, and | ||||||
3 | the risk for serious long-term and short-term medical | ||||||
4 | complications, the General Assembly deems it in the public | ||||||
5 | interest to enact this Act. | ||||||
6 | Section 10. Definitions. In this Act: | ||||||
7 | "Diabetes medical management plan" means a document that | ||||||
8 | (i) is developed by the parent or guardian of a student with | ||||||
9 | diabetes, (ii) is a treatment and care plan for the student's | ||||||
10 | specific medical needs by the student's treating physician | ||||||
11 | licensed to practice medicine in all its branches, advanced | ||||||
12 | practice nurse who has a collaborative agreement with a | ||||||
13 | collaborating physician that authorizes development of a | ||||||
14 | diabetes medical management plan, or physician assistant who | ||||||
15 | has been delegated authority to develop a diabetes medical | ||||||
16 | management plan, (iii) sets out the services needed by the | ||||||
17 | student at school and school-sponsored activities, (iv) is | ||||||
18 | signed by the parent or guardian, and (v) is signed by the | ||||||
19 | physician or advanced practice nurse authorized to develop the | ||||||
20 | diabetes medical management plan. | ||||||
21 | "School" means a primary or secondary public, charter, or | ||||||
22 | private school located in this State. | ||||||
23 | "School employee" means a person who is employed by a | ||||||
24 | public school district or private school, a person who is | ||||||
25 | employed by a local health department and assigned to a school, | ||||||
26 | or a person who contracts with a school or school district to | ||||||
27 | perform services in connection with the care of students with | ||||||
28 | diabetes. | ||||||
29 | "Health care provider with expertise in diabetes" means a | ||||||
30 | physician, an advanced practice nurse, a registered | ||||||
31 | professional nurse with continuing education in | ||||||
32 | diabetes-related areas, a certificated school nurse, or a | ||||||
33 | licensed dietitian nutritionist. |
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1 | Section 15. School policies; diabetes medical management | ||||||
2 | plan; self-care; training. | ||||||
3 | (a) Each school board and each governing body of a private | ||||||
4 | or charter school must adopt and implement a policy that: | ||||||
5 | (1) Informs the parent or guardian of a student with | ||||||
6 | diabetes of the parent or guardian's obligation to submit a | ||||||
7 | diabetes medical management plan. | ||||||
8 | (2) Requires the parent or guardian of a student with | ||||||
9 | diabetes who seeks diabetes care while at school and | ||||||
10 | school-sponsored activities to submit a diabetes medical | ||||||
11 | management plan to the school prior to the beginning of | ||||||
12 | each school year or upon enrollment of a student with | ||||||
13 | diabetes or diagnosis of a student's diabetes or change in | ||||||
14 | the student's condition if the enrollment, diagnosis, or | ||||||
15 | change occurs during the school year. | ||||||
16 | (3) Permits a student with diabetes, upon written | ||||||
17 | request of the parent or guardian, in accordance with the | ||||||
18 | student's submitted diabetes medical management plan, to | ||||||
19 | test his or her blood glucose level, administer insulin, | ||||||
20 | treat hypoglycemia and hyperglycemia, and otherwise | ||||||
21 | provide diabetes self-care. | ||||||
22 | (4) Allows a student to possess on his or her person at | ||||||
23 | all times the supplies and equipment necessary to perform | ||||||
24 | diabetes self-care at any time, in any area of the school | ||||||
25 | or school grounds, including, but not limited to, the | ||||||
26 | classroom, in accordance with the student's diabetes | ||||||
27 | medical management plan. | ||||||
28 | (5) Informs the parent or guardian and the student with | ||||||
29 | diabetes of their right to request self-care. | ||||||
30 | (6) Requires, at least once every 2 years or upon the | ||||||
31 | identification of a student with diabetes, the in-service | ||||||
32 | training of school employees by a health care provider with | ||||||
33 | expertise in diabetes regarding the care of students with |
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1 | diabetes. | ||||||
2 | (7) Requires school employees who have completed the | ||||||
3 | in-service training regarding the care of students with | ||||||
4 | diabetes to assist students who are unable to provide | ||||||
5 | self-care. | ||||||
6 | (b) Each school board and each governing body of a private | ||||||
7 | or charter school shall develop a policy in accordance with | ||||||
8 | subsection (a) no later than July 1, 2005. | ||||||
9 | Section 20. Guidelines and procedures. The Department of | ||||||
10 | Human Services, in consultation with the State Board of | ||||||
11 | Education and other appropriate representatives of entities | ||||||
12 | including, but not limited to, the Illinois Society for | ||||||
13 | Advanced Practice Nursing, the Illinois State Medical Society, | ||||||
14 | the American Diabetes Association, and the Illinois | ||||||
15 | Association of School Nurses shall develop all guidelines and | ||||||
16 | procedures necessary for the implementation of this Act. | ||||||
17 | Guidelines for training may include, but need not be limited | ||||||
18 | to, accepted training standards, emergency procedures, and | ||||||
19 | identification of school personnel to be trained. | ||||||
20 | Section 25. Civil immunity. A physician, a nurse, school | ||||||
21 | employees, a public charter school or public school district, | ||||||
22 | or a governing body of a private school is not liable for civil | ||||||
23 | or other damages as a result of conduct other than willful or | ||||||
24 | wanton misconduct related to the care of a student with | ||||||
25 | diabetes under this Act. | ||||||
26 | Section 30. Federal law. Nothing in this Act shall limit | ||||||
27 | any rights available under federal law.
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28 | Section 99. Effective date. This Act takes effect upon | ||||||
29 | becoming law.".
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