Sen. Don Harmon

Filed: 5/17/2007

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 846

2     AMENDMENT NO. ______. Amend Senate Bill 846 by replacing
3 everything after the enacting clause with the following:
 
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 that impairs
9     the body's ability to use food for energy. In people with
10     diabetes, either the pancreas does not make insulin (Type
11     1) or their body cannot use insulin properly (Type 2).
12     Without insulin, the body's main energy source, glucose,
13     cannot be used to fuel the body, so glucose builds up in
14     the blood, which can, over many years, cause damage to the
15     eyes, kidneys, nerves, heart, and small blood vessels.
16         (2) Diabetes must be managed 24 hours a day in order to

 

 

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1     (i) avoid the potentially life-threatening, short-term
2     consequences of blood sugar levels that are too low and
3     (ii) prevent or delay the serious complications of blood
4     sugar levels that are too high for too long, which include
5     blindness, amputation, heart disease, and kidney failure.
6         (3) Despite the rights and protections afforded by the
7     Rehabilitation Act of 1973, the Individuals with
8     Disabilities Education Improvement Act of 2004, and the
9     Americans with Disabilities Act of 1990, children with
10     diabetes still face discrimination in school and
11     elsewhere.
12         (4) The rights and protections afforded by these
13     federal laws are not implemented or enforced consistently
14     in schools and school districts throughout Illinois.
15         (5) A school nurse is the most appropriate person in a
16     school setting to provide care for a student with diabetes;
17     however, a school nurse may not always be available when
18     needed and many schools do not have a full-time nurse.
19         (6) Additional school employees must be trained to
20     assist students with diabetes care. By collaborating with
21     parents, schools and school districts can employ a team
22     approach to the care of students with diabetes.
23         (7) Because consistent diabetes care can significantly
24     reduce the risks of serious short-term and long-term
25     consequences and can increase a student's learning
26     opportunities, the General Assembly deems it in the public

 

 

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1     interest to enact this Act.
 
2     Section 10. Definitions. In this Act:
3     "Designated diabetes care aide" means a school employee
4 designated by the principal, including without limitation a
5 teacher's aide, a personal aide, a case manager, or another
6 volunteer school employee, who is trained in diabetes care and
7 assists students with diabetes care.
8     "Diabetes medical management plan" means a document that
9 sets out the services needed by the student at school and at
10 school-sponsored activities.
11     "School" means any primary or secondary public, charter, or
12 private school located in this State.
13     "Principal" means the senior administrative executive of a
14 school and includes the principal's designee or designees.
15     "School employee" means a person who is employed by a
16 public school district or private school, a person who is
17 employed by a local health department and assigned to a school,
18 or a person who contracts with a school or school district to
19 perform services in connection with the care of students with
20 diabetes.
21     "School nurse" means a school employee who is a registered
22 nurse and who holds a valid Illinois nursing license.
 
23     Section 15. Diabetes medical management plan.
24     (a) A diabetes medical management plan must be signed and

 

 

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1 submitted by a parent or guardian for any student with diabetes
2 who seeks assistance with diabetes care in the school setting.
3 The diabetes medical management plan must be accompanied by
4 proof of diagnosis of diabetes and a prescription or
5 prescriptions, including the name of the medication and the
6 method of administration. Proof shall consist of a statement
7 from a physician licensed to practice medicine in all its
8 branches.
9     (b) The services and accommodations specified in a diabetes
10 medical management plan shall be reasonable, reflect the
11 current standards of diabetes care, and include appropriate
12 safeguards to ensure that syringes and lancets are disposed of
13 properly.
14     (c) A diabetes medical management plan must be submitted to
15 the school at the following time:
16         (1) before or at the beginning of the school year;
17         (2) upon enrollment of a student with diabetes, if the
18     student enrolls in the school after the beginning of the
19     school year;
20         (3) as soon as practicable following a student's
21     diagnosis; or
22         (4) when a student's care needs change during the
23     school year.
24     (d) A school nurse or a designated diabetes care aide shall
25 provide diabetes care for a student only after a student's
26 parent or guardian (i) requests assistance and (ii) signs and

 

 

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1 submits a diabetes medical management plan to the school.
 
2     Section 20. Designated diabetes care aides.
3     (a) Upon receipt of a student's completed and signed
4 diabetes medical management plan and in the absence of a
5 full-time school nurse, a school principal shall appoint a
6 designated diabetes care aide to perform the tasks necessary to
7 assist a student with diabetes in accordance with his or her
8 diabetes medical management plan and in compliance with any
9 guidelines provided during training under Section 25 of this
10 Act.     
11     (b) The principal shall ensure the school has at least one
12 designated diabetes care aide or one full-time nurse assigned
13 to the school and available during school hours.
14     (c) Designated diabetes care aides shall serve under the
15 supervision of the principal.
16     (d) A school employee must not be subject to any penalty,
17 sanction, or other disciplinary action for refusing to serve as
18 a designated diabetes care aide.
 
19     Section 25. Training for designated diabetes care aides.
20     (a) If a school nurse is assigned to a school, the school
21 nurse shall coordinate the training of designated diabetes care
22 aides. If a school nurse is not assigned to a school, the
23 principal shall coordinate the training of designated diabetes
24 care aides.

 

 

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1     (b) Training under this Section may be provided by the
2 following:
3         (1) a licensed health care provider with expertise in
4     diabetes;
5         (2) a school nurse, if he or she has recent and
6     verifiable training in current standards of diabetes care;
7     or
8         (3) the parent or guardian of a student with diabetes.
9     (c) Training must be provided before the beginning of the
10 school year or as soon as practicable following (i) the
11 enrollment of a student with diabetes, if no other student
12 previously enrolled at the school has been diagnosed with
13 diabetes, or (ii) a diagnosis of diabetes for a student
14 enrolled at the school, if no other student enrolled at the
15 school has been diagnosed with diabetes.
16     (d) Training must include all of the following:
17         (1) The details of a student's diabetes medical
18     management plan.
19         (2) How to test blood glucose and record results.
20         (3) How to recognize and respond to the symptoms of
21     hypoglycemia.
22         (4) How to recognize and respond to the symptoms of
23     hyperglycemia.
24         (5) What to do in an emergency, including how to
25     administer glucagon.
26         (6) How to prepare and administer insulin according to

 

 

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1     the device identified in the student's diabetes medical
2     management plan and keep a record of the amount
3     administered.
4         (7) How carbohydrates, physical activity, and other
5     factors affect blood glucose levels and how to respond when
6     blood glucose levels are outside the target ranges
7     specified in a student's diabetes medical management plan.
8     (e) Training must be provided annually and may be provided
9 as part of in-service training.
10     (f) Training may be provided for other school employees who
11 are not currently serving as designated diabetes care aides, at
12 the discretion of the principal.
13     (g) The principal or school nurse, should one be assigned
14 full-time to a school, shall maintain a copy of the training
15 records.
 
16     Section 30. Independent monitoring and treatment. In
17 accordance with a student's diabetes medical management plan, a
18 student with diabetes must be permitted to do the following:
19         (1) perform blood glucose tests as needed;
20         (2) administer insulin with the insulin delivery
21     system used by the student;
22         (3) treat hypoglycemia and hyperglycemia and otherwise
23     attend to the care and management of his or her diabetes in
24     the classroom, in any area of the school or school grounds,
25     and at any school-related activity or event; and

 

 

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1         (4) possess on his or her person, at all times, the
2     supplies and equipment necessary to monitor and treat
3     diabetes, including, but not limited to, glucometers,
4     lancets, test strips, insulin, syringes, insulin pens and
5     needle tips, insulin pumps, infusion sets, alcohol swabs, a
6     glucagon injection kit, glucose tablets, and food.
 
7     Section 35. Required information for certain school
8 employees. A school shall provide a one-page information sheet
9 to each employee providing transportation for a student with
10 diabetes or supervising a student with diabetes during a
11 school-sponsored activity. The information sheet shall do the
12 following:
13         (1) identify the student with diabetes;
14         (2) identify potential emergencies that may occur as a
15     result of the student's diabetes and the appropriate
16     responses to such emergencies; and
17         (3) provide emergency contact information for the
18     student's parent or guardian.
 
19     Section 40. Restricting access to school prohibited. A
20 school district may not restrict the assignment of a student
21 with diabetes to a particular school on the basis that the
22 school does not have a full-time school nurse or the required
23 designated diabetes care aides, nor may a school deny access to
24 a student on the basis that a student has been diagnosed with

 

 

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1 diabetes.
 
2     Section 45. Civil immunity; prohibition against
3 discipline.
4     (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.
8     (b) A school employee must 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, as long as the provisions of this Act are
12 met.
 
13     Section 50. Federal law. Nothing in this Act shall limit
14 any rights available under federal law.
 
15     Section 90. The State Mandates Act is amended by adding
16 Section 8.31 as follows:
 
17     (30 ILCS 805/8.31 new)
18     Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
19 of this Act, no reimbursement by the State is required for the
20 implementation of any mandate created by the Care of Students
21 with Diabetes Act.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".