Regular Session 2015-2016 House Bill 1625 P.N. 2363

PRINTER'S NO. 2363

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1625

Session of

2015

INTRODUCED BY BAKER, MURT, BISHOP, MILLARD, DAVIS, SONNEY, DUSH,

WARD, WATSON, PHILLIPS-HILL, D. COSTA, WHEELAND, DRISCOLL,

O'BRIEN, ROZZI, ROEBUCK, McNEILL, THOMAS, YOUNGBLOOD, SAYLOR,

A. HARRIS, TALLMAN, FEE, JOZWIAK, KORTZ, ZIMMERMAN, JAMES,

SCHWEYER, BENNINGHOFF, OBERLANDER, COHEN, GINGRICH, HAHN,

FARRY, LAWRENCE, SCHEMEL, QUIGLEY, EVERETT, TOOHIL AND

MACKENZIE, OCTOBER 15, 2015

REFERRED TO COMMITTEE ON HEALTH, OCTOBER 15, 2015

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in school health services, further

providing for definitions and providing for education of

school employees in diabetes care and management, for

diabetes care in schools, for possession and use of diabetes

medication and monitoring equipment, for liability, for

coordinating, supervising or educating not considered

delegation and for diabetes care in nonpublic schools.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1401 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, is

amended by adding clauses to read:

Section 1401. Definitions.--As used in this article--

* * *

(13) "Diabetes medical management plan" means a document

describing the medical orders or diabetes regimen developed and

signed by the student's health care practitioner and parent or

guardian.

(14) "Service agreement" means a student's section 504

service agreement pursuant to section 504 of the Rehabilitation

Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code

Ch. 15 (relating to protected handicapped students).

(15) " Health care practitioner" means the term as defined

under section 103 of the act of July 19, 1979 (P.L.130, No.48),

known as the Health Care Facilities Act.

Section 2. The act is amended by adding sections to read:

Section 1414.3. Education of School Employes in Diabetes

Care and Management.--(a) Within one hundred twenty (120) days

of the effective date of this section, the Department of Health,

in coordination with the Department of Education, shall make

educational modules and guidelines for the instruction of school

employes in diabetes care and treatment available on its

publicly accessible Internet website. The educational modules

shall include instruction in a school entity's obligations under

22 Pa. Code § 12.41 (relating to student services) and its

responsibilities to comply with section 504 of the

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794)

and 22 Pa. Code Ch. 15 (relating to protected handicapped

students). At a minimum, the educational modules shall include

instruction in:

(1) An overview of all types of diabetes.

(2) Means of monitoring blood glucose.

(3) The symptoms and treatment for blood glucose levels

outside of target ranges as well as hypoglycemia, hyperglycemia

and other potential emergencies.

(4) Techniques on administering glucagon and insulin.

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(b) The school nurse, in consultation with the chief school

administrator or a designee, may identify at least one school

employe who is not the school nurse and who does not need to be

a licensed health care practitioner in each school building

attended by a student with diabetes. If the school building

attended by a student with diabetes does not have a school

nurse, the chief school administrator may, but is not required

to, consult with a school nurse in a different school building

to identify at least one school employe in the school building.

An identified employe shall complete the annual educational

modules outlined in subsection (a) or annual education offered

by a licensed health care practitioner with expertise in the

care of diabetes that includes substantially the same

information as outlined in subsection (a).

practitioner and who has successfully completed the education

modules under subsection (a) or annual education offered by a

licensed health care practitioner with expertise in the care of

diabetes that includes substantially the same information as

outlined in subsection (a) may be designated in a student's

service agreement to administer diabetes medications, use

monitoring equipment and provide other diabetes care. A school

entity may require the designated employe to complete the annual

educational modules or annual education from a licensed health

care practitioner, or both, in the administration of diabetes

medications, use of monitoring equipment and provision of other

diabetes care. Education provided to school employes shall be

coordinated by the chief school administrator or a designee.

School entities may include the education in the continuing

education plan submitted by the school entity to the Department

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of Education under section 1205.1.

(d) Notwithstanding any other statute or regulation

restricting the functions that may be performed by persons other

than licensed health care practitioners, school employes who

have completed the education requirements under this section may

perform diabetes care for students. School employes who are not

licensed health care practitioners shall only be authorized to

administer diabetes medications via injection or infusion

following annual education by a licensed health care

practitioner with expertise in the care of diabetes, and

following the school's receipt of written authorization from

both the student's health care practitioner and parent or

guardian that an educated school employe, who is not a licensed

health care practitioner, may administer specified medications.

(e) For purposes of this section, "school entity" means a

school district, intermediate unit, area vocational-technical

school, charter school or cyber charter school.

Section 1414.4. Diabetes Care in Schools.--(a) A parent or

guardian of a student with diabetes who desires that the student

receive diabetes-related care in a school setting shall provide

the school entity with written authorization for the care and

instructions from the student's health care practitioner,

consistent with the school entity's policies regarding the

provision of school health services. The required authorizations

may be submitted as part of a diabetes medical management plan.

(b) All diabetes-related care provided to students shall be

consistent with the school health program established by the

governing body of the school entity and any accommodations

outlined in a student's service agreement.

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entity to provide the driver of a school bus or school vehicle,

who provides transportation to a student with diabetes, with an

information sheet that:

(1) Identifies the student with diabetes.

(2) Identifies potential emergencies that may occur as a

result of the student's diabetes and the appropriate responses

to such emergencies.

(3) Provides the telephone number of a contact person in

case of an emergency involving the student with diabetes.

(d) For purposes of this section:

"School bus" means a school bus as defined in 75 Pa.C.S. §

102 (relating to definitions).

"School entity" means a school district, intermediate unit,

area vocational-technical school, charter school or cyber

charter school.

"School vehicle" means a school vehicle as defined in 75

Pa.C.S. § 102.

Section 1414.5. Possession and Use of Diabetes Medication

and Monitoring Equipment.--(a) A school entity shall require

the parent or guardian of a student with diabetes who desires

that the student possess and self-administer diabetes medication

and monitoring equipment in a school setting to provide the

following:

(1) A written statement from the student's health care

practitioner that provides the name of the drug, the dose, the

times when the medication is to be taken or the monitoring

equipment to be used, the specified time period for which the

medication or monitoring equipment is authorized to be used and

the diagnosis or reason the medicine or monitoring equipment is

needed. The student's health care practitioner shall indicate

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the potential of any serious reaction to the medication that may

occur, as well as any necessary emergency response. The

student's health care practitioner shall state whether the

student is competent to self-administer the medication or

monitoring equipment and whether the student is able to practice

proper safety precautions for the handling and disposal of the

medication and monitoring equipment.

(2) A written request from the parent or guardian that the

school entity comply with the direction of the student's health

care practitioner. The parent's request shall include a

statement relieving the school entity or any school employe of

any responsibility for the prescribed medication or monitoring

equipment and acknowledging that the school entity bears no

responsibility for ensuring that the medication is taken by the

student and the monitoring equipment is used.

(3) A demonstration of competency by the student satisfying

the school nurse that the student is capable of self-

administration of the medication and use of the monitoring

equipment.

(4) A written acknowledgment by the student that the student

has received instruction from the student's health care

practitioner on proper safety precautions for the handling and

disposal of the medications and monitoring equipment. The

written acknowledgment shall also contain a provision stating

that the student will not allow other students to have access to

the medication and monitoring equipment and that the student

understands appropriate safeguards.

(b) A school entity may revoke or restrict a student's

privileges to possess or self-administer diabetes medication and

monitoring equipment due to noncompliance with school rules and

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provisions of a student's service agreement or due to

demonstrated unwillingness or inability of the student to

safeguard the medication and monitoring equipment from access by

other students.

and self-administering diabetes medication and monitoring

equipment pursuant to subsection (b) shall ensure that the

diabetes medication or monitoring equipment is appropriately

stored in a readily accessible place in the school building

attended by the student. The school entity shall notify

appropriate school employes regarding the location of the

diabetes medication and monitoring equipment and means to access

them.

(d) For purposes of this section, "school entity" means a

school district, intermediate unit, area vocational-technical

school, charter school or cyber charter school.

Section 1414.6. Liability.--Nothing in sections 1414.3,

1414.4 or 1414.5 shall be construed to create, establish or

expand any civil liability on the part of any school entity or

school employe.

Section 1414.7. Coordinating, Supervising or Educating Not

Considered Delegation.-- (a) Notwithstanding any other law to

the contrary, coordinating or supervising the provision of

diabetes care by school employes authorized in sections 1414.3

and 1414.4 and providing education in accordance with section

1414.3 shall not be construed as a delegation by a licensed

health care practitioner.

(b) A licensed health care practitioner who, acting in

compliance with sections 1414.3 and 1414.4, coordinates or

supervises care for a student or provides education to a school

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employe shall not be subject to any criminal or civil liability

or any professional disciplinary action for the same.

Section 1414.8. Diabetes Care in Nonpublic Schools.--(a) A

nonpublic school may comply with the education of school

employes and provision of diabetes-related care to a student

with diabetes required under sections 1414.3, 1414.4 and 1414.5.

A written education plan that outlines the aids and related

services required to meet the academic needs of the student with

diabetes may take the place of a service agreement for a student

with diabetes attending a nonpublic school unless a service

agreement is otherwise required under law or regulation.

(b) Nothing in section 1414.3, 1414.4, 1414.5, 1414.6 or

this section shall be construed to do any of the following:

(1) Create, establish or expand any obligations on the part

of any nonpublic school to comply with section 504 of the

Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794).

(2) Create, establish, result in or expand any contractual

obligations on the part of any nonpublic school.

liable for civil damages as a result of the activities

authorized by sections 1414.3, 1414.4 and 1414.5, except that an

employe may be liable for willful misconduct.

Section 3. This act shall take effect in 60 days.

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