Full Text of HB0146 95th General Assembly
HB0146eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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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 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 | 17 |
| (i) avoid the potentially life-threatening, short-term | 18 |
| consequences of blood sugar levels that are too low and | 19 |
| (ii) prevent or delay the serious complications of blood | 20 |
| sugar levels that are too high for too long, which include | 21 |
| blindness, amputation, heart disease, and kidney failure. | 22 |
| (3) Despite the rights and protections afforded by the | 23 |
| Rehabilitation Act of 1973, the Individuals with |
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| Disabilities Education Improvement Act of 2004, and the | 2 |
| Americans with Disabilities Act of 1990, children with | 3 |
| diabetes still face discrimination in school and | 4 |
| elsewhere. | 5 |
| (4) The rights and protections afforded by these | 6 |
| federal laws are not implemented or enforced consistently | 7 |
| in schools and school districts throughout Illinois. | 8 |
| (5) A school nurse is the most appropriate person in a | 9 |
| school setting to provide care for a student with diabetes; | 10 |
| however, a school nurse may not always be available when | 11 |
| needed and many schools do not have a full-time nurse. | 12 |
| (6) Additional school employees must be trained to | 13 |
| assist students with diabetes care. By collaborating with | 14 |
| parents, schools and school districts can employ a team | 15 |
| approach to the care of students with diabetes. | 16 |
| (7) Because consistent diabetes care can significantly | 17 |
| reduce the risks of serious short-term and long-term | 18 |
| consequences and can increase a student's learning | 19 |
| opportunities, the General Assembly deems it in the public | 20 |
| interest to enact this Act. | 21 |
| Section 10. Definitions. In this Act: | 22 |
| "Designated diabetes care aide" means a school employee | 23 |
| designated by the principal, including without limitation a | 24 |
| teacher's aide, a personal aide, a case manager, or another | 25 |
| volunteer school employee, who is trained in diabetes care and |
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| assists students with diabetes care.
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| "Diabetes medical management plan" means a document that | 3 |
| sets out the services needed by the student at school and at | 4 |
| school-sponsored activities. | 5 |
| "School" means any primary or secondary public, charter, or | 6 |
| private school located in this State. | 7 |
| "Principal" means the senior administrative executive of a | 8 |
| school and includes the principal's designee or designees. | 9 |
| "School employee" means a person who is employed by a | 10 |
| public school district or private school, a person who is | 11 |
| employed by a local health department and assigned to a school, | 12 |
| or a person who contracts with a school or school district to | 13 |
| perform services in connection with the care of students with | 14 |
| diabetes. | 15 |
| "School nurse" means a school employee who is a registered | 16 |
| nurse and who holds a valid Illinois nursing license. | 17 |
| Section 15. Diabetes medical management plan.
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| (a) A diabetes medical management plan must be signed and | 19 |
| submitted by a parent or guardian for any student with diabetes | 20 |
| who seeks assistance with diabetes care in the school setting. | 21 |
| The diabetes medical management plan must be accompanied by | 22 |
| proof of diagnosis of diabetes and a prescription or | 23 |
| prescriptions, including the name of the medication and the | 24 |
| method of administration. Proof shall consist of a statement | 25 |
| from a physician licensed to practice medicine in all its |
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| branches. | 2 |
| (b) The services and accommodations specified in a diabetes | 3 |
| medical management plan shall be reasonable, reflect the | 4 |
| current standards of diabetes care, and include appropriate | 5 |
| safeguards to ensure that syringes and lancets are disposed of | 6 |
| properly. | 7 |
| (c) A diabetes medical management plan must be submitted to | 8 |
| the school at the following time: | 9 |
| (1) before or at the beginning of the school year; | 10 |
| (2) upon enrollment of a student with diabetes, if the | 11 |
| student enrolls in the school after the beginning of the | 12 |
| school year; | 13 |
| (3) as soon as practicable following a student's | 14 |
| diagnosis; or | 15 |
| (4) when a student's care needs change during the | 16 |
| school year. | 17 |
| (d) A school nurse or a designated diabetes care aide shall | 18 |
| provide diabetes care for a student only after a student's | 19 |
| parent or guardian (i) requests assistance and (ii) signs and | 20 |
| submits a diabetes medical management plan to the school. | 21 |
| Section 20. Designated diabetes care aides.
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| (a) Upon receipt of a student's completed and signed | 23 |
| diabetes medical management plan and in the absence of a | 24 |
| full-time school nurse, a school principal shall appoint a | 25 |
| designated diabetes care aide to perform the tasks necessary to |
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| assist a student with diabetes in accordance with his or her | 2 |
| diabetes medical management plan and in compliance with any | 3 |
| guidelines provided during training under Section 25 of this | 4 |
| Act. | 5 |
| (b) The principal shall ensure the school has at least one | 6 |
| designated diabetes care aide or one full-time nurse assigned | 7 |
| to the school and available during school hours. | 8 |
| (c) Designated diabetes care aides shall serve under the | 9 |
| supervision of the principal. | 10 |
| (d) A school employee must not be subject to any penalty, | 11 |
| sanction, or other disciplinary action for refusing to serve as | 12 |
| a designated diabetes care aide. | 13 |
| Section 25. Training for designated diabetes care aides.
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| (a) If a school nurse is assigned to a school, the school | 15 |
| nurse shall coordinate the training of designated diabetes care | 16 |
| aides. If a school nurse is not assigned to a school, the | 17 |
| principal shall coordinate the training of designated diabetes | 18 |
| care aides. | 19 |
| (b) Training under this Section may be provided by the | 20 |
| following: | 21 |
| (1) a licensed health care provider with expertise in | 22 |
| diabetes; | 23 |
| (2) a school nurse, if he or she has recent and | 24 |
| verifiable training in current standards of diabetes care; | 25 |
| or |
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| (3) the parent or guardian of a student with diabetes. | 2 |
| (c) Training must be provided before the beginning of the | 3 |
| school year or as soon as practicable following (i) the | 4 |
| enrollment of a student with diabetes, if no other student | 5 |
| previously enrolled at the school has been diagnosed with | 6 |
| diabetes, or (ii) a diagnosis of diabetes for a student | 7 |
| enrolled at the school, if no other student enrolled at the | 8 |
| school has been diagnosed with diabetes. | 9 |
| (d) Training must include all of the following: | 10 |
| (1) The details of a student's diabetes medical | 11 |
| management plan. | 12 |
| (2) How to test blood glucose and record results. | 13 |
| (3) How to recognize and respond to the symptoms of | 14 |
| hypoglycemia. | 15 |
| (4) How to recognize and respond to the symptoms of | 16 |
| hyperglycemia. | 17 |
| (5) What to do in an emergency, including how to | 18 |
| administer glucagon. | 19 |
| (6) How to prepare and administer insulin according to | 20 |
| the device identified in the student's diabetes medical | 21 |
| management plan and keep a record of the amount | 22 |
| administered. | 23 |
| (7) How carbohydrates, physical activity, and other | 24 |
| factors affect blood glucose levels and how to respond when | 25 |
| blood glucose levels are outside the target ranges | 26 |
| specified in a student's diabetes medical management plan. |
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| (e) Training must be provided annually and may be provided | 2 |
| as part of in-service training. | 3 |
| (f) Training may be provided for other school employees who | 4 |
| are not currently serving as designated diabetes care aides, at | 5 |
| the discretion of the principal. | 6 |
| (g) The principal or school nurse, should one be assigned | 7 |
| full-time to a school, shall maintain a copy of the training | 8 |
| records. | 9 |
| Section 30. Independent monitoring and treatment. In | 10 |
| accordance with a student's diabetes medical management plan, a | 11 |
| student with diabetes must be permitted to do the following: | 12 |
| (1) perform blood glucose tests as needed; | 13 |
| (2) administer insulin with the insulin delivery | 14 |
| system used by the student; | 15 |
| (3) treat hypoglycemia and hyperglycemia and otherwise | 16 |
| attend to the care and management of his or her diabetes in | 17 |
| the classroom, in any area of the school or school grounds, | 18 |
| and at any school-related activity or event; and | 19 |
| (4) possess on his or her person, at all times, the | 20 |
| supplies and equipment necessary to monitor and treat | 21 |
| diabetes, including, but not limited to, glucometers, | 22 |
| lancets, test strips, insulin, syringes, insulin pens and | 23 |
| needle tips, insulin pumps, infusion sets, alcohol swabs, a | 24 |
| glucagon injection kit, glucose tablets, and food. |
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| Section 35. Required information for certain school | 2 |
| employees. A school shall provide a one-page information sheet | 3 |
| to each employee providing transportation for a student with | 4 |
| diabetes or supervising a student with diabetes during a | 5 |
| school-sponsored activity. The information sheet shall do the | 6 |
| following: | 7 |
| (1) identify the student with diabetes; | 8 |
| (2) identify potential emergencies that may occur as a | 9 |
| result of the student's diabetes and the appropriate | 10 |
| responses to such emergencies; and | 11 |
| (3) provide emergency contact information for the | 12 |
| student's parent or guardian. | 13 |
| Section 40. Restricting access to school prohibited. A | 14 |
| school district may not restrict the assignment of a student | 15 |
| with diabetes to a particular school on the basis that the | 16 |
| school does not have a full-time school nurse or the required | 17 |
| designated diabetes care aides, nor may a school deny access to | 18 |
| a student on the basis that a student has been diagnosed with | 19 |
| diabetes. | 20 |
| Section 45. Civil immunity; prohibition against | 21 |
| discipline.
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| (a) A school or a school employee 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 |
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| diabetes. | 2 |
| (b) A school employee must not be subject to any | 3 |
| disciplinary proceeding resulting from an action taken in | 4 |
| compliance with this Act, unless the action constitutes willful | 5 |
| or wanton misconduct, as long as the provisions of this Act are | 6 |
| met. | 7 |
| Section 50. Federal law. Nothing in this Act shall limit | 8 |
| any rights available under federal law. | 9 |
| Section 90. The State Mandates Act is amended by adding | 10 |
| Section 8.31 as follows: | 11 |
| (30 ILCS 805/8.31 new) | 12 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 13 |
| of this Act, no reimbursement by the State is required for the | 14 |
| implementation of any mandate created by the Care of Students | 15 |
| with Diabetes Act.
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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