Full Text of HB0146 95th General Assembly
HB0146ham001 95TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 3/21/2007
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| AMENDMENT TO HOUSE BILL 146
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| AMENDMENT NO. ______. Amend House Bill 146 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 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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| (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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| interest to enact this Act. | 2 |
| Section 10. Definitions. In this Act:
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| "Diabetes medical management plan" means a document that is | 4 |
| completed by the parent or guardian of a student with diabetes, | 5 |
| that sets out the services needed by the student at school and | 6 |
| at school-sponsored activities, and that is signed by the | 7 |
| parent or guardian. | 8 |
| "School" means any primary or secondary public, charter, or | 9 |
| private school located in this State. | 10 |
| "Principal" means the senior administrative executive of a | 11 |
| school and includes the principal's designee or designees. | 12 |
| "School employee" means a person who is employed by a | 13 |
| public school district or private school, a person who is | 14 |
| employed by a local health department and assigned to a school, | 15 |
| or a person who contracts with a school or school district to | 16 |
| perform services in connection with the care of students with | 17 |
| diabetes. | 18 |
| "School nurse" means a school employee who is a registered | 19 |
| nurse and who holds a valid Illinois nursing license. | 20 |
| "Volunteer aide" means a school employee who has | 21 |
| volunteered to be trained in diabetes care and assist students | 22 |
| with diabetes care. | 23 |
| Section 15. Diabetes medical management plan.
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| (a) A diabetes medical management plan must be submitted |
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| for any student with diabetes who seeks assistance with | 2 |
| diabetes care in the school setting by the student's parent or | 3 |
| guardian. | 4 |
| (b) A diabetes medical management plan must be submitted to | 5 |
| the school at the following time: | 6 |
| (1) before or at the beginning of the school year; | 7 |
| (2) upon enrollment of a student with diabetes, if the | 8 |
| student enrolls in the school after the beginning of the | 9 |
| school year; | 10 |
| (3) as soon as practicable following a student's | 11 |
| diagnosis; or | 12 |
| (4) when a student's care needs change during the | 13 |
| school year. | 14 |
| (c) A school nurse and a volunteer aide shall provide | 15 |
| diabetes care for a student only after a student's parent or | 16 |
| guardian (i) requests assistance and (ii) signs and submits a | 17 |
| diabetes medical management plan to the school. | 18 |
| Section 20. Volunteer aides.
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| (a) Upon receipt of a student's completed and signed | 20 |
| diabetes medical management plan, a school principal shall do | 21 |
| all of the following: | 22 |
| (1) Seek school employees who are not health care | 23 |
| professionals to serve as volunteer aides. | 24 |
| (2) Assign volunteer aides to perform the tasks | 25 |
| necessary to assist a student with diabetes in accordance |
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| with his or her diabetes medical management plan and in | 2 |
| compliance with any guidelines provided during training | 3 |
| under Section 25 of this Act. | 4 |
| (3) Ensure the school has (i) at least one volunteer | 5 |
| aide if a full-time school nurse is assigned to the school | 6 |
| and (ii) at least 3 volunteer aides if a full-time school | 7 |
| nurse is not assigned to the school. | 8 |
| (b) Volunteer aides shall serve under the supervision of | 9 |
| the principal. | 10 |
| (c) A school employee must not be subject to any penalty, | 11 |
| sanction, or other disciplinary action for refusing to serve as | 12 |
| a volunteer aide.
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| Section 25. Training for volunteer aides.
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| (a) If a school nurse is assigned to a school, the school | 15 |
| nurse shall coordinate the training of school employees who | 16 |
| choose to serve as volunteer aides. If a school nurse is not | 17 |
| assigned to a school, the principal shall coordinate the | 18 |
| training of volunteer 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 |
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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 dial an insulin pen, how to draw a syringe, | 20 |
| and how to administer insulin and keep a record of the | 21 |
| amount administered. | 22 |
| (7) How carbohydrates, physical activity, and other | 23 |
| factors affect blood glucose levels and how to respond when | 24 |
| blood glucose levels are outside the target ranges | 25 |
| specified in a student's diabetes medical management plan. | 26 |
| (e) Training must be provided annually and may be provided |
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| as part of in-service training. | 2 |
| (f) The principal or school nurse, should one be assigned | 3 |
| full-time to a school, shall maintain a copy of the training | 4 |
| records. | 5 |
| Section 30. Independent monitoring and treatment. In | 6 |
| accordance with a student's diabetes medical management plan, a | 7 |
| student with diabetes must be permitted to do the following: | 8 |
| (1) perform blood glucose tests as needed; | 9 |
| (2) administer insulin with the insulin delivery | 10 |
| system used by the student; | 11 |
| (3) treat hypoglycemia and hyperglycemia and otherwise | 12 |
| attend to the care and management of his or her diabetes in | 13 |
| the classroom, in any area of the school or school grounds, | 14 |
| and at any school-related activity or event; and | 15 |
| (4) possess on his or her person, at all times, the | 16 |
| supplies and equipment necessary to monitor and treat | 17 |
| diabetes, including, but not limited to, glucometers, | 18 |
| lancets, test strips, insulin, syringes, insulin pens and | 19 |
| needle tips, insulin pumps, infusion sets, alcohol swabs, a | 20 |
| glucagon injection kit, glucose tablets, and food. | 21 |
| Section 35. Required information for certain school | 22 |
| employees. A school shall provide a one-page information sheet | 23 |
| to each employee providing transportation for a student with | 24 |
| diabetes or supervising a student with diabetes during a |
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| school-sponsored activity. The information sheet shall do the | 2 |
| following: | 3 |
| (1) identify the student with diabetes; | 4 |
| (2) identify potential emergencies that may occur as a | 5 |
| result of the student's diabetes and the appropriate | 6 |
| responses to such emergencies; and | 7 |
| (3) provide emergency contact information for the | 8 |
| student's parent or guardian. | 9 |
| Section 40. Restricting access to school prohibited. A | 10 |
| school district may not restrict the assignment of a student | 11 |
| with diabetes to a particular school on the basis that the | 12 |
| school does not have a full-time school nurse or the required | 13 |
| volunteer aides, nor may a school deny access to a student on | 14 |
| the basis that a student has been diagnosed with diabetes. | 15 |
| Section 45. Civil immunity; prohibition against | 16 |
| discipline.
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| (a) A school or a school employee is not liable for civil | 18 |
| or other damages as a result of conduct, other than willful or | 19 |
| wanton misconduct, related to the care of a student with | 20 |
| diabetes. | 21 |
| (b) A school employee must not be subject to any | 22 |
| disciplinary proceeding resulting from an action taken in | 23 |
| compliance with this Act, unless the action constitutes willful | 24 |
| or wanton misconduct. |
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| Section 50. Federal law. Nothing in this Act shall limit | 2 |
| any rights available under federal law. | 3 |
| Section 90. The State Mandates Act is amended by adding | 4 |
| Section 8.31 as follows: | 5 |
| (30 ILCS 805/8.31 new) | 6 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 7 |
| of this Act, no reimbursement by the State is required for the | 8 |
| implementation of any mandate created by the Care of Students | 9 |
| with Diabetes Act.
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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