THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, SCARNATI, FARNESE, SOLOBAY, RAFFERTY, TARTAGLIONE, PICCOLA, D. WHITE, LEACH, FOLMER, M. WHITE AND VULAKOVICH, OCTOBER 2, 2012

REFERRED TO EDUCATION, OCTOBER 2, 2012  

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 training of

school employees in diabetes care and management and for

possession and use of diabetes medication and monitoring

equipment.

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 provider 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).

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

Section 1414.2.  Training 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, the American

Diabetes Association, educators and health professionals, shall

make training modules and guidelines for the instruction of

school employes in diabetes care and treatment available on its

publicly accessible Internet website. The training 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 training 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.

(b)  Within one hundred twenty (120) days of the effective

date of this section 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 provider, in each school building attended by a student

with diabetes. An identified employe shall complete the annual

training outlined in subsection (a) or annual training offered

by a licensed health care provider with expertise in the care of

diabetes that includes substantially the same information as

outlined in subsection (a).

(c)  A school employe who is not a licensed health care

provider may be designated in a student's service agreement to

administer diabetes medication, use monitoring equipment and

provide other diabetes care. A school entity may require the

designated employe to complete the annual training required

under subsection (b) or annual training from a licensed health

care provider with the expertise in the care of diabetes, or

both, in the administration of diabetes medications or use of 

monitoring equipment. Training provided to school employes shall

be coordinated by the chief school administrator or a designee.

School entities may include the training in the continuing

education plan submitted by the school entity to the Department

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 providers, school employes are

authorized to perform diabetes care for students for which they

have been designated and trained under this section. School

employes shall only be authorized to administer diabetes

medications via injection or infusion following annual training

by a school nurse or other licensed health care provider with

expertise in the care of diabetes. The provision of training by

a licensed health care provider in accordance with this section

shall not be construed to violate a licensing-related statute or

regulation.

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

school district, intermediate unit, area vocational-technical

school or charter school.

Section 1414.3.  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 provider, 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.

(c)  A student's service agreement may require a school

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 or charter school.

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

Pa.C.S. § 102.

Section 1414.4.  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

provider 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 provider shall indicate the

potential of any serious reaction to the medication that may

occur, as well as any necessary emergency response. The

student's health care provider 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 provider. 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 or the

monitoring equipment used.

(3)  A demonstration of competency by the student satisfying

the school nurse that the student is capable of self-

administration of the medication or monitoring equipment.

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

has received instruction from the student's health care provider

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 or

monitoring equipment due to noncompliance with school rules or

provisions of a student's service agreement or due to

demonstrated unwillingness or inability of the student to

safeguard the medication or monitoring equipment from access by

other students.

(c)  A school entity that restricts a student from possessing

or self-administering diabetes medication or monitoring

equipment pursuant to subsection (b) shall ensure that the

diabetes medication or monitoring equipment are 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 or 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 or charter school.

Section 1414.5.  Liability.--Nothing in sections 1414.2,

1414.3 or 1414.4 shall be construed to create, establish or

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

school employe.

Section 1414.6.  Diabetes Care in Nonpublic Schools.--(a)  A

nonpublic school may comply with the training of school employes

and provision of diabetes-related care to a student with

diabetes required under sections 1414.2, 1414.3 and 1414.4. 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 1414.2, 1414.3, 1414.4, 1414.5 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.

(c)  No nonpublic school employe or nonpublic school shall be

liable for civil damages as a result of the activities

authorized by sections 1414.2, 1414.3 and 1414.4, except that an

employe may be liable for willful misconduct.

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