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