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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BAKER, M. SMITH, OBERLANDER, TALLMAN, BEAR, BISHOP, BRIGGS, CALTAGIRONE, D. COSTA, DALEY, DEASY, FABRIZIO, GEIST, GINGRICH, HARHART, HARKINS, HESS, KAUFFMAN, KAVULICH, KILLION, KIRKLAND, KORTZ, MICOZZIE, MILLARD, MILLER, MOUL, MURT, MUSTIO, D. O'BRIEN, PAYTON, PICKETT, QUINN, ROEBUCK, SANTONI, SONNEY, SWANGER, WATSON AND WILLIAMS, APRIL 13, 2011 |
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| REFERRED TO COMMITTEE ON HUMAN SERVICES, APRIL 13, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in school health services, further |
6 | providing for definitions; and providing for training of |
7 | school employees in diabetes care and management and for |
8 | possession and use of diabetes medication and monitoring |
9 | equipment. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 1401 of the act of March 10, 1949 |
13 | (P.L.30, No.14), known as the Public School Code of 1949, is |
14 | amended by adding clauses to read: |
15 | Section 1401. Definitions.--As used in this article-- |
16 | * * * |
17 | (13) "Diabetes medical management plan" means a document |
18 | describing the medical orders or diabetes regimen developed and |
19 | signed by the student's health care provider and parent or |
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1 | guardian. |
2 | (14) "Service agreement" means a student's Section 504 |
3 | service agreement pursuant to section 504 of the Rehabilitation |
4 | Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code |
5 | Ch. 15 (relating to protected handicapped students). |
6 | Section 2. The act is amended by adding sections to read: |
7 | Section 1414.2. Training of School Employes in Diabetes Care |
8 | and Management.--(a) Within one hundred twenty (120) days of |
9 | the effective date of this section, the Department of Health, in |
10 | coordination with the Department of Education, the American |
11 | Diabetes Association, educators and health professionals, shall |
12 | make training modules and guidelines for the instruction of |
13 | school employes in diabetes care and treatment available on its |
14 | publicly accessible Internet website. The training modules shall |
15 | include instruction in a school entity's obligations under 22 |
16 | Pa. Code § 12.41 (relating to student services) and its |
17 | responsibilities to comply with section 504 of the |
18 | Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) |
19 | and 22 Pa. Code Ch. 15 (relating to protected handicapped |
20 | students). At a minimum, the training modules shall include |
21 | instruction in: |
22 | (1) An overview of all types of diabetes. |
23 | (2) Means of monitoring blood glucose. |
24 | (3) The symptoms and treatment for blood glucose levels |
25 | outside of target ranges as well as hypoglycemia, hyperglycemia |
26 | and other potential emergencies. |
27 | (4) Techniques on administering glucagon and insulin. |
28 | (b) Within one hundred twenty (120) days of the effective |
29 | date of this section the chief school administrator or a |
30 | designee shall identify at least one school employe, who is not |
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1 | the school nurse and who does not need to be a licensed health |
2 | care provider, in each school building attended by a student |
3 | with diabetes. An identified employe shall complete the training |
4 | outlined in subsection (a) or training offered by a licensed |
5 | health care provider that includes substantially the same |
6 | information as outlined in subsection (a). |
7 | (c) A school employe who is not a licensed health care |
8 | provider may be designated in a student's service agreement to |
9 | administer diabetes medication, use monitoring equipment and |
10 | provide other diabetes care. A school entity may require the |
11 | designated employe to complete the training required under |
12 | subsection (b) or training from a licensed health care provider, |
13 | or both, in the administration of diabetes medications or use of |
14 | monitoring equipment. Training provided to school employes shall |
15 | be coordinated by the chief school administrator or a designee. |
16 | School entities may include the training in the continuing |
17 | education plan submitted by the school entity to the Department |
18 | of Education under section 1205.1. |
19 | (d) Notwithstanding any other statute or regulation |
20 | restricting the functions that may be performed by persons other |
21 | than licensed health care providers, school employes are |
22 | authorized to perform diabetes care for students for which they |
23 | have been designated and trained under this section. School |
24 | employes shall only be authorized to administer diabetes |
25 | medications via injection or infusion following training by a |
26 | school nurse or other qualified health care professional. The |
27 | provision of training by a licensed health care professional in |
28 | accordance with this section shall not be construed to violate a |
29 | licensing-related statute or regulation. |
30 | (e) For purposes of this section, "school entity" means a |
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1 | school district, intermediate unit, area vocational-technical |
2 | school, charter school or cyber charter school. |
3 | Section 1414.3. Diabetes Care in Schools.--(a) A parent or |
4 | guardian of a student with diabetes who desires that the student |
5 | receive diabetes-related care in a school setting shall provide |
6 | the school entity with written authorization for the care and |
7 | instructions from the student's health care provider, consistent |
8 | with the school entity's policies regarding the provision of |
9 | school health services. The required authorizations may be |
10 | submitted as part of a diabetes medical management plan. |
11 | (b) All diabetes-related care provided to students shall be |
12 | consistent with the school health program established by the |
13 | governing body of the school entity and any accommodations |
14 | outlined in a student's service agreement. |
15 | (c) A student's service agreement may require a school |
16 | entity to provide the driver of a school bus or school vehicle |
17 | who provides transportation to a student with diabetes with an |
18 | information sheet that: |
19 | (1) Identifies the student with diabetes. |
20 | (2) Identifies potential emergencies that may occur as a |
21 | result of the student's diabetes and the appropriate responses |
22 | to such emergencies. |
23 | (3) Provides the telephone number of a contact person in |
24 | case of an emergency involving the student with diabetes. |
25 | (d) For purposes of this section: |
26 | "School bus" means a school bus as defined in 75 Pa.C.S. § |
27 | 102 (relating to definitions). |
28 | "School entity" means a school district, intermediate unit, |
29 | area vocational-technical school, charter school or cyber |
30 | charter school. |
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1 | "School vehicle" means a school vehicle as defined in 75 |
2 | Pa.C.S. § 102. |
3 | Section 1414.4. Possession and Use of Diabetes Medication and |
4 | Monitoring Equipment.--(a) A school entity shall require the |
5 | parent or guardian of a student with diabetes who desires that |
6 | the student possess and self-administer diabetes medication and |
7 | monitoring equipment in a school setting to provide the |
8 | following: |
9 | (1) A written statement from the student's health care |
10 | provider that provides the name of the drug, the dose, the times |
11 | when the medication is to be taken or the monitoring equipment |
12 | to be used, the specified time period for which the medication |
13 | or monitoring equipment is authorized to be used and the |
14 | diagnosis or reason the medicine or monitoring equipment is |
15 | needed. The student's health care provider shall indicate the |
16 | potential of any serious reaction to the medication that may |
17 | occur, as well as any necessary emergency response. The |
18 | student's health care provider shall state whether the student |
19 | is competent to self-administer the medication or monitoring |
20 | equipment and whether the student is able to practice proper |
21 | safety precautions for the handling and disposal of the |
22 | medication and monitoring equipment. |
23 | (2) A written request from the parent or guardian that the |
24 | school entity comply with the direction of the student's health |
25 | care provider. The parent's request shall include a statement |
26 | relieving the school entity or any school employe of any |
27 | responsibility for the prescribed medication or monitoring |
28 | equipment and acknowledging that the school entity bears no |
29 | responsibility for ensuring that the medication is taken or the |
30 | monitoring equipment used. |
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1 | (3) A demonstration of competency by the student satisfying |
2 | the school nurse that the student is capable of self- |
3 | administration of the medication or monitoring equipment. |
4 | (4) A written acknowledgment by the student that the student |
5 | has received instruction from the student's health care provider |
6 | on proper safety precautions for the handling and disposal of |
7 | the medications and monitoring equipment. The written |
8 | acknowledgment shall also contain a provision stating that the |
9 | student will not allow other students to have access to the |
10 | medication and monitoring equipment and that the student |
11 | understands appropriate safeguards. |
12 | (b) A school entity may revoke or restrict a student's |
13 | privileges to possess or self-administer diabetes medication or |
14 | monitoring equipment due to noncompliance with school rules or |
15 | provisions of a student's service agreement or due to |
16 | demonstrated unwillingness or inability of the student to |
17 | safeguard the medication or monitoring equipment from access by |
18 | other students. |
19 | (c) A school entity that restricts a student from possessing |
20 | or self-administering diabetes medication or monitoring |
21 | equipment pursuant to subsection (b) shall ensure that the |
22 | diabetes medication or monitoring equipment are appropriately |
23 | stored in a readily accessible place in the school building |
24 | attended by the student. The school entity shall notify |
25 | appropriate school employes regarding the location of the |
26 | diabetes medication or monitoring equipment and means to access |
27 | them. |
28 | (d) For purposes of this section, "school entity" means a |
29 | school district, intermediate unit, area vocational-technical |
30 | school, charter school or cyber charter school. |
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1 | Section 1414.5. Liability.--Nothing in sections 1414.2, |
2 | 1414.3 or 1414.4 shall be construed to create, establish or |
3 | expand any civil liability on the part of any school entity or |
4 | school employe. |
5 | Section 1414.6. Diabetes Care in Nonpublic Schools.--(a) A |
6 | nonpublic school shall comply with the training of school |
7 | employes and provision of diabetes-related care to a student |
8 | with diabetes required under sections 1414.2, 1414.3 and 1414.4. |
9 | A written education plan that outlines the aids and related |
10 | services required to meet the academic needs of the student with |
11 | diabetes may take the place of a service agreement for a student |
12 | with diabetes attending a nonpublic school unless a service |
13 | agreement is otherwise required under law or regulation. |
14 | (b) No nonpublic school employe or nonpublic school shall be |
15 | liable for civil damages as a result of the activities |
16 | authorized by sections 1414.2, 1414.3 and 1414.4, except that an |
17 | employe may be liable for willful misconduct. |
18 | Section 3. This act shall take effect in 60 days. |
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