Full Text of HB4154 93rd General Assembly
HB4154sam001 93RD GENERAL ASSEMBLY
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Sen. Jeffrey M. Schoenberg
Filed: 5/11/2004
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LRB093 14689 DRJ 50815 a |
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| AMENDMENT TO HOUSE BILL 4154
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| AMENDMENT NO. ______. Amend House Bill 4154 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 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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| 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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| 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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| 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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| Section 99. Effective date. This Act takes effect upon | 29 |
| becoming law.".
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