Bill Text: FL H0747 | 2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Treatment of Diabetes [SPSC]
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-57 [H0747 Detail]
Download: Florida-2010-H0747-Introduced.html
Bill Title: Treatment of Diabetes [SPSC]
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-57 [H0747 Detail]
Download: Florida-2010-H0747-Introduced.html
HB 747 |
1 | |
2 | An act relating to the care of public school students with |
3 | diabetes; creating s. 1006.0627, F.S.; providing findings |
4 | and definitions; requiring the Department of Education to |
5 | develop guidelines for the training of school employees in |
6 | the care of students with diabetes; requiring training to |
7 | include specified instruction; requiring a school nurse or |
8 | other health care professional to provide training; |
9 | requiring the parent of a student with diabetes to submit |
10 | to the school a diabetes medical management plan; |
11 | providing required care by trained diabetes personnel; |
12 | exempting activities from certain statutory and regulatory |
13 | provisions; authorizing a student's independent monitoring |
14 | and treatment; providing immunity from civil liability or |
15 | disciplinary action; requiring district school boards to |
16 | report information to the department; providing an |
17 | effective date. |
18 | |
19 | Be It Enacted by the Legislature of the State of Florida: |
20 | |
21 | Section 1. Section 1006.0627, Florida Statutes, is created |
22 | to read: |
23 | 1006.0627 Care of students with diabetes.- |
24 | (1) FINDINGS.-The Legislature finds that: |
25 | (a) Diabetes is a serious, chronic disease that impairs |
26 | the body's ability to use food as energy due to a deficiency of |
27 | the hormone insulin and must be managed 24 hours a day in order |
28 | to avoid the potentially life-threatening short-term |
29 | consequences of blood glucose levels that are either too high |
30 | (hyperglycemia) or too low (hypoglycemia) and to avoid or delay |
31 | the serious long-term complications of high blood glucose levels |
32 | which include blindness, amputation, heart disease, and kidney |
33 | failure. |
34 | (b) In order to manage the disease, a student with |
35 | diabetes must have access to the means to balance food, |
36 | medication, and physical activity levels while at school and at |
37 | school-related activities. |
38 | (c) Diabetes is a self-managed disease and many students |
39 | with diabetes are able to perform most of their own diabetes |
40 | care tasks, and such students should be permitted to do so in |
41 | the school setting. |
42 | (d) Some students with diabetes, because of age, |
43 | inexperience, or other factors, need help with some or all of |
44 | their diabetes care tasks, and all students with diabetes will |
45 | need help in the event of a diabetes emergency. |
46 | (e) The school nurse is the preferred person in the school |
47 | setting to provide or facilitate care for a student with |
48 | diabetes, and many schools in the state do not have a full-time |
49 | nurse or school nurse who is available on site at all times. |
50 | (f) Since diabetes management is needed at all times, |
51 | school employees who have completed training coordinated by a |
52 | school nurse and who provide care under the supervision of a |
53 | school nurse must be prepared to perform diabetes care tasks at |
54 | school and all school-related activities when a school nurse is |
55 | unavailable in order that students with diabetes be medically |
56 | safe and have the same access as other students to educational |
57 | opportunities. |
58 | (2) DEFINITIONS.-For purposes of this section, the term: |
59 | (a) "Diabetes medical management plan" means a document |
60 | developed by a student's personal health care team that sets out |
61 | the health services needed by the student at school and is |
62 | signed by the student's personal health care team and parent. |
63 | (b) "School employee" means a person or subcontractor |
64 | employed by a district school board or a person employed by a |
65 | local health department who is assigned to a public school. |
66 | (c) "Trained diabetes personnel" means a school employee |
67 | who voluntarily is trained in accordance with subsection (3). |
68 | Such employee need not be a health care professional. |
69 | (3) TRAINING OF DESIGNATED SCHOOL EMPLOYEES.- |
70 | (a) The Department of Education, in cooperation with the |
71 | Department of Health, the American Diabetes Association, the |
72 | American Association of Diabetes Educators, and the Florida |
73 | Association of School Nurses, shall develop guidelines for the |
74 | training of school employees in the care of students with |
75 | diabetes. |
76 | (b) District school boards shall annually provide training |
77 | that is commensurate with a school employee's role in the care |
78 | of students with diabetes. Training shall include instruction in |
79 | all of the following: |
80 | 1. Recognizing and treating hyperglycemia and |
81 | hypoglycemia. |
82 | 2. Understanding the appropriate actions to take when |
83 | blood glucose levels are outside of the target ranges indicated |
84 | by a student's diabetes medical management plan. |
85 | 3. Understanding prescriber instructions concerning |
86 | diabetes medication drug dosage, frequency, and manner of |
87 | administration. |
88 | 4. Performing of fingerstick blood glucose checks and |
89 | ketone checks and recording the results. |
90 | 5. Administering insulin and glucagon, an injectable to |
91 | immediately raise blood glucose levels for severe hypoglycemia, |
92 | and recording doses administered. |
93 | 6. Understanding how to perform basic insulin pump |
94 | functions. |
95 | 7. Recognizing complications that require emergency |
96 | assistance. |
97 | 8. Understanding recommended schedules and food intake for |
98 | meals and snacks, the effect of physical activity upon blood |
99 | glucose levels, and actions to be implemented in the case of |
100 | schedule disruption. |
101 | 9. Understanding and operating continuous glucose |
102 | monitors. |
103 | (c) The training shall be coordinated by a school nurse |
104 | and provided by a school nurse or other health care professional |
105 | with expertise in diabetes. Such training shall take place prior |
106 | to the commencement of each school year or as needed when a |
107 | student with diabetes is newly enrolled at a school or a student |
108 | is newly diagnosed with diabetes. The school nurse shall provide |
109 | followup training and supervision. |
110 | (d) Each district school board shall ensure that the |
111 | training is provided to a minimum of three school employees at |
112 | each school attended by a student with diabetes. |
113 | (e) The school nurse or other qualified health care |
114 | professional shall provide training in the recognition of |
115 | hyperglycemia and hypoglycemia and actions to take in response |
116 | to emergency situations to all bus drivers responsible for the |
117 | transportation of a student with diabetes. |
118 | (f) School employees shall not be subject to any penalty |
119 | or disciplinary action for refusing to serve as trained diabetes |
120 | personnel. |
121 | (g) The training guidelines shall be fully developed by |
122 | July 1, 2010, for purposes of training school employees for the |
123 | 2010-2011 school year and thereafter. |
124 | (4) DIABETES MEDICAL MANAGEMENT PLAN.-The parent of a |
125 | student with diabetes who seeks diabetes care while at school |
126 | must submit to the school a diabetes medical management plan |
127 | which, upon receipt, shall be reviewed and implemented by the |
128 | school. |
129 | (5) REQUIRED CARE.- |
130 | (a) In accordance with the submission of a student's |
131 | diabetes medical management plan, a school nurse or, in the |
132 | absence of a school nurse, trained diabetes personnel shall |
133 | perform functions, including, but not limited to: responding to |
134 | blood glucose levels that are outside of a student's target |
135 | range; administering glucagon; administering insulin or |
136 | assisting a student in administering insulin through the insulin |
137 | delivery system the student uses; providing oral diabetes |
138 | medication; checking and recording blood glucose levels and |
139 | ketone levels or assisting a student with such checking and |
140 | recording; and following instructions regarding meals, snacks, |
141 | and physical activity. |
142 | (b) A school nurse or at least one of the trained diabetes |
143 | personnel shall be on site and available to provide care to each |
144 | student with diabetes as set forth in paragraph (a) during |
145 | regular school hours, school-sponsored before-school and after- |
146 | school programs, fields trips, and extracurricular activities |
147 | and on buses when the bus driver has not completed the necessary |
148 | training. |
149 | (c) A district school board may not restrict the |
150 | assignment of a student with diabetes to a particular school |
151 | based on the fact that the student has diabetes, that the school |
152 | does not have a full-time school nurse, or that the school does |
153 | not have trained diabetes personnel. |
154 | (d) The activities under paragraph (a) shall not |
155 | constitute the practice of nursing and shall be exempted from |
156 | all applicable statutory and regulatory provisions that restrict |
157 | the activities that may be delegated to or performed by a person |
158 | who is not a licensed health care professional. |
159 | (6) INDEPENDENT MONITORING AND TREATMENT.-Upon written |
160 | request of the parent and authorization by a student's diabetes |
161 | medical management plan, a student with diabetes may perform |
162 | blood glucose checks, administer insulin through the insulin |
163 | delivery system the student uses, treat hyperglycemia and |
164 | hypoglycemia, and otherwise attend to the care and management of |
165 | his or her diabetes in the classroom, in any area of the school |
166 | or school grounds, and at any school-related activity and |
167 | possess on his or her person at all times all necessary supplies |
168 | and equipment to perform these monitoring and treatment |
169 | functions. |
170 | (7) IMMUNITY FROM CIVIL LIABILITY.-No physician, nurse, |
171 | school employee, or district school board shall be liable for |
172 | civil damages or be subject to disciplinary action under |
173 | professional health care licensing regulations or school |
174 | disciplinary policies as a result of the activities authorized |
175 | by this section when such acts are committed as an ordinarily |
176 | prudent person would have acted under the same or similar |
177 | circumstances. |
178 | (8) REPORTING.-Each district school board shall report to |
179 | the Department of Education annually, on or before August 15, |
180 | the schools whose enrollment includes students with diabetes and |
181 | provide information showing compliance with this section. These |
182 | reports shall be in compliance with the Family Educational |
183 | Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g. |
184 | Section 2. This act shall take effect upon becoming a law. |
CODING: Words |