1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in school health services, further
6providing for definitions; and providing for training of
7school employees in diabetes care and management and for
8possession and use of diabetes medication and monitoring
9equipment.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 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
14amended by adding clauses to read:

15Section 1401. Definitions.--As used in this article--

16* * *

17(13) "Diabetes medical management plan" means a document
18describing the medical orders or diabetes regimen developed and
19signed by the student's health care provider and parent or
20guardian.

21(14) "Service agreement" means a student's Section 504

1service agreement pursuant to section 504 of the Rehabilitation
2Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) and 22 Pa. Code
3Ch. 15 (relating to protected handicapped students).

4Section 2. The act is amended by adding sections to read:

5Section 1414.2. Training of School Employes in Diabetes Care
6and Management.--(a) Within one hundred twenty (120) days of 
7the effective date of this section, the Department of Health, in 
8coordination with the Department of Education, the American 
9Diabetes Association, educators and health professionals, shall 
10make training modules and guidelines for the instruction of 
11school employes in diabetes care and treatment available on its 
12publicly accessible Internet website. The training modules shall 
13include instruction in a school entity's obligations under 22 
14Pa. Code § 12.41 (relating to student services) and its 
15responsibilities to comply with section 504 of the 
16Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794) 
17and 22 Pa. Code Ch. 15 (relating to protected handicapped 
18students). At a minimum, the training modules shall include 
19instruction in:

20(1) An overview of all types of diabetes.

21(2) Means of monitoring blood glucose.

22(3) The symptoms and treatment for blood glucose levels
23outside of target ranges as well as hypoglycemia, hyperglycemia
24and other potential emergencies.

25(4) Techniques on administering glucagon and insulin.

26(b) Within one hundred twenty (120) days of the effective
27date of this section the chief school administrator or a
28designee may identify at least one school employe, who is not
29the school nurse and who does not need to be a licensed health
30care provider, in each school building attended by a student

1with diabetes. An identified employe shall complete the annual
2training outlined in subsection (a) or annual training offered
3by a licensed health care provider with expertise in the care of
4diabetes that includes substantially the same information as
5outlined in subsection (a).

6(c) A school employe who is not a licensed health care 
7provider may be designated in a student's service agreement to 
8administer diabetes medication, use monitoring equipment and 
9provide other diabetes care. A school entity may require the 
10designated employe to complete the annual training required 
11under subsection (b) or annual training from a licensed health 
12care provider with the expertise in the care of diabetes, or 
13both, in the administration of diabetes medications or use of 
14monitoring equipment. Training provided to school employes shall
15be coordinated by the chief school administrator or a designee.
16School entities may include the training in the continuing
17education plan submitted by the school entity to the Department
18of Education under section 1205.1.

19(d) Notwithstanding any other statute or regulation 
20restricting the functions that may be performed by persons other 
21than licensed health care providers, school employes are 
22authorized to perform diabetes care for students for which they 
23have been designated and trained under this section. School
24employes shall only be authorized to administer diabetes
25medications via injection or infusion following annual training
26by a school nurse or other licensed health care provider with
27expertise in the care of diabetes. The provision of training by
28a licensed health care provider in accordance with this section
29shall not be construed to violate a licensing-related statute or
30regulation.

1(e) For purposes of this section, "school entity" means a
2school district, intermediate unit, area vocational-technical
3school or charter school.

4Section 1414.3. Diabetes Care in Schools.--(a) A parent or 
5guardian of a student with diabetes who desires that the student 
6receive diabetes-related care in a school setting shall provide 
7the school entity with written authorization for the care and 
8instructions from the student's health care provider, consistent 
9with the school entity's policies regarding the provision of 
10school health services. The required authorizations may be 
11submitted as part of a diabetes medical management plan.

12(b) All diabetes-related care provided to students shall be 
13consistent with the school health program established by the 
14governing body of the school entity and any accommodations 
15outlined in a student's service agreement.

16(c) A student's service agreement may require a school 
17entity to provide the driver of a school bus or school vehicle 
18who provides transportation to a student with diabetes with an 
19information sheet that:

20(1) Identifies the student with diabetes.

21(2) Identifies potential emergencies that may occur as a 
22result of the student's diabetes and the appropriate responses 
23to such emergencies.

24(3) Provides the telephone number of a contact person in 
25case of an emergency involving the student with diabetes.

26(d) For purposes of this section:

27"School bus" means a school bus as defined in 75 Pa.C.S. § 
28102 (relating to definitions).

29"School entity" means a school district, intermediate unit,
30area vocational-technical school or charter school.

1"School vehicle" means a school vehicle as defined in 75
2Pa.C.S. § 102.

3Section 1414.4. Possession and Use of Diabetes Medication
4and Monitoring Equipment.--(a) A school entity shall require 
5the parent or guardian of a student with diabetes who desires 
6that the student possess and self-administer diabetes medication 
7and monitoring equipment in a school setting to provide the 
8following:

9(1) A written statement from the student's health care
10provider that provides the name of the drug, the dose, the times
11when the medication is to be taken or the monitoring equipment
12to be used, the specified time period for which the medication
13or monitoring equipment is authorized to be used and the
14diagnosis or reason the medicine or monitoring equipment is
15needed. The student's health care provider shall indicate the
16potential of any serious reaction to the medication that may
17occur, as well as any necessary emergency response. The
18student's health care provider shall state whether the student
19is competent to self-administer the medication or monitoring
20equipment and whether the student is able to practice proper
21safety precautions for the handling and disposal of the
22medication and monitoring equipment.

23(2) A written request from the parent or guardian that the 
24school entity comply with the direction of the student's health 
25care provider. The parent's request shall include a statement 
26relieving the school entity or any school employe of any 
27responsibility for the prescribed medication or monitoring 
28equipment and acknowledging that the school entity bears no 
29responsibility for ensuring that the medication is taken or the 
30monitoring equipment used.

1(3) A demonstration of competency by the student satisfying
2the school nurse that the student is capable of self-
3administration of the medication or monitoring equipment.

4(4) A written acknowledgment by the student that the student
5has received instruction from the student's health care provider
6on proper safety precautions for the handling and disposal of
7the medications and monitoring equipment. The written
8acknowledgment shall also contain a provision stating that the
9student will not allow other students to have access to the
10medication and monitoring equipment and that the student
11understands appropriate safeguards.

12(b) A school entity may revoke or restrict a student's 
13privileges to possess or self-administer diabetes medication or 
14monitoring equipment due to noncompliance with school rules or 
15provisions of a student's service agreement or due to 
16demonstrated unwillingness or inability of the student to 
17safeguard the medication or monitoring equipment from access by 
18other students.

19(c) A school entity that restricts a student from possessing 
20or self-administering diabetes medication or monitoring 
21equipment pursuant to subsection (b) shall ensure that the 
22diabetes medication or monitoring equipment are appropriately 
23stored in a readily accessible place in the school building 
24attended by the student. The school entity shall notify 
25appropriate school employes regarding the location of the 
26diabetes medication or monitoring equipment and means to access 
27them.

28(d) For purposes of this section, "school entity" means a 
29school district, intermediate unit, area vocational-technical 
30school or charter school.

1Section 1414.5. Liability.--Nothing in section 1414.2,
21414.3 or 1414.4 shall be construed to create, establish or
3expand any civil liability on the part of any school entity or
4school employe.

5Section 1414.6. Diabetes Care in Nonpublic Schools.--(a) A 
6nonpublic school may comply with the training of school employes 
7and provision of diabetes-related care to a student with 
8diabetes required under sections 1414.2, 1414.3 and 1414.4. A 
9written education plan that outlines the aids and related
10services required to meet the academic needs of the student with
11diabetes may take the place of a service agreement for a student 
12with diabetes attending a nonpublic school unless a service 
13agreement is otherwise required under law or regulation.

14(b) Nothing in section 1414.2, 1414.3, 1414.4, 1414.5 or
15this section shall be construed to do any of the following:

16(1) Create, establish or expand any obligations on the part
17of any nonpublic school to comply with section 504 of the
18Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794).

19(2) Create, establish, result in or expand any contractual
20obligations on the part of any nonpublic school.

21(c) No nonpublic school employe or nonpublic school shall be 
22liable for civil damages as a result of the activities 
23authorized by sections 1414.2, 1414.3 and 1414.4, except that an 
24employe may be liable for willful misconduct.

25Section 3. This act shall take effect in 60 days.