ENROLLED HOUSE
BILL NO. 3327 By: Roe of the House
and
McCortney
and Hicks of the Senate
An Act relating to schools; amending 70 O.S. 2021, Sections
1210.196.4 and 1210.196.8, which relate to the Diabetes Management in Schools
Act; authorizing certain health professionals to download student glucose
monitoring numbers with written permission; providing an exception from monitoring
numbers outside of school hours and activities; excluding disciplinary actions;
and declaring an emergency.
SUBJECT: Schools
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 70 O.S. 2021, Section 1210.196.4, is amended
to read as follows:
Section 1210.196.4
A. The school nurse at each
school in which a student with diabetes is enrolled shall assist the student
with the management of their diabetes care as provided for in the diabetes
medical management plan for the student.
B. If a school does not
have a school nurse assigned to the school, the principal shall make an effort
to seek school employees who may or may not be health care professionals to
serve as volunteer diabetes care assistants to assist the student with the
management of their diabetes care as provided for in the diabetes medical
management plan for the student.
C. Each school in which a
student with diabetes is enrolled shall make an effort to ensure that a school
nurse or a volunteer diabetes care assistant is available at the school to
assist the diabetic student when needed.
D. A school employee
shall not be subject to any penalty or disciplinary action for refusing to
serve as a volunteer diabetes care assistant.
E. A school district
shall not restrict the assignment of a student with diabetes to a particular
school site based on the presence of a school nurse, contract school employee,
or a volunteer diabetes care assistant.
F. Each school nurse and
volunteer diabetes care assistant shall at all times have access to a
physician.
G. For students with
continuous glucose monitoring with electronic access to glucose numbers, a
school nurse, diabetes care assistant, or other school staff may download the
necessary electronic applications or software to a school electronic device or
their personal electronic device, in the absence of a school-provided device,
with written permission from the student's parent or guardian.
SECTION 2.
AMENDATORY 70 O.S. 2021,
Section 1210.196.8, is amended to read as follows:
Section 1210.196.8
A. A school employee may not be
subject to any disciplinary proceeding resulting from an action taken in
compliance with the Diabetes Management in Schools Act. Any employee acting in accordance with the
provisions of the act shall be immune from civil liability unless the actions
of the employee rise to a level of reckless or intentional misconduct.
B. A school nurse shall
not be responsible for and shall not be subject to disciplinary action for
actions performed by a volunteer diabetes care assistant.
C. A school nurse,
diabetes care assistant, or other school staff shall not be responsible for and
shall not be subject to disciplinary action for lack of any monitoring of
electronic glucose numbers outside of school hours or school-sponsored
activities.
SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the
House of Representatives the 5th day of March, 2024.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 22nd day of
April, 2024.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________