PRINTER'S NO. 2134
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1385
Session of
2015
INTRODUCED BY BROWNE, SCARNATI, MENSCH, FOLMER, LEACH, ARGALL,
SCAVELLO, RAFFERTY, FONTANA, BARTOLOTTA, McGARRIGLE, STEFANO,
BLAKE, SABATINA, TARTAGLIONE, WHITE, AUMENT, EICHELBERGER AND
WAGNER, OCTOBER 17, 2016
REFERRED TO EDUCATION, OCTOBER 17, 2016
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
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guardian.
(14) "Diabetes medication" means glucagon and insulin.
(15) "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. ยง 794) , 22 Pa. Code
Chs. 14 (relating to special education services and programs)
and 15 (relating to protected handicapped students) and the
Individuals with Disabilities Education Act (Public Law 91-230,
20 U.S.C. ยง 1400 et seq.).
(16) " 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.
(17) "IEP" means a written statement for each child with a
disability that is developed, reviewed or revised in a meeting
in accordance with the Individuals with Disabilities Education
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
establish educational modules and guidelines for the instruction
of school employes in diabetes care and treatment and make the
modules and guidelines available on its publicly accessible
Internet website. The educational modules shall include
instruction in a school entity's obligations under 22 Pa. Code ยง
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. ยง 794) , 22 Pa. Code Chs. 14
(relating to special education services and programs) and 15
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(relating to protected handicapped students) and the Individuals
with Disabilities Education Act (Public Law 91-230, 20 U.S.C. ยง
1400 et seq.). At a minimum, the educational modules shall
include review of the responsibilities and 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 symptoms and treatment for
hypoglycemia, hyperglycemia and other potential emergencies.
(4) Techniques on administering glucagon and insulin.
(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 full-time
school nurse, the chief school administrator may, but is not
required to, consult with the school nurse assigned to that
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 and treatment of diabetes that includes
substantially the same information as outlined in subsection
(a). An employe responsible for a child with diabetes in the
absence of the school nurse shall have the right to decline the
responsibility and related directives.
(c) A school employe who is not a licensed health care
practitioner and who has successfully completed the education
modules under subsection (a) or annual education offered by a
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licensed health care practitioner with expertise in the care and
treatment of diabetes that includes substantially the same
information as outlined in subsection (a) may be designated in a
student's service agreement or IEP to administer diabetes
medications, use monitoring equipment and provide other diabetes
care. A school entity may require the designated employe who has
not declined the assignment, 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 professional
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 practitioners, school employes who
have completed the education requirements under this section may
perform diabetes care and treatment 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 and
treatment of diabetes, and following the school entity'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
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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 and treatment 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.
(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. ยง
102 (relating to definitions).
"School entity" means a school district, intermediate unit,
area vocational-technical school, charter school or cyber
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charter school.
"School vehicle" means a school vehicle as defined in 75
Pa.C.S. ยง 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 requests
that the student possess and self-administer diabetes medication
and operate 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
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 instructions 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
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student and the monitoring equipment is used.
(3) A written acknowledgment by the school nurse that the
student has demonstrated 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 and self-administer diabetes medication
and operate monitoring equipment due to noncompliance with
school rules and provisions of a student's service agreement,
IEP or due to demonstrated unwillingness or inability of the
student to safeguard the medication and monitoring equipment
from access by other students.
(c) A school entity that prohibits a student from possessing
and self-administering diabetes medication and operating
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
the school nurse and other identified 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
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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
employe shall not be subject to any criminal or civil liability
or any professional disciplinary action for the same.
(c) Notwithstanding any other provision of law, a school
employe who is designated to provide diabetes medications to a
student shall not be considered to be engaging in health-related
activities which are reserved exclusively for licensed
professionals.
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
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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. ยง 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 1414.3, 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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