BILL NO. 147 By: Hicks
of the Senate
and
Dempsey
and Fugate of the House
An Act relating to the Diabetes
Management in Schools Act; amending 70 O.S. 2021, Section 1210.196.3, which
relates to diabetes medical management plans; directing plans to indicate
whether written consent has been given for administration of glucagon in
certain circumstances; allowing a school district board of education to stock
glucagon to treat a student with diabetes under certain circumstances;
requiring the board to adopt certain policy; providing contents of policy;
establishing length of effectiveness for certain written consent and waiver of
liability; allowing certain licensed physician to write a prescription for
glucagon to a school district; providing certain construction; requiring
certain notification upon certain event; providing for codification; providing an
effective date; and declaring an emergency.
SUBJECT: Glucagon
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.3, is
amended to read as follows:
Section 1210.196.3. A.
A diabetes medical management plan shall be developed for each student
with diabetes who will seek care for diabetes while at school or while participating
in a school activity. The plan shall be
developed by the personal health care team of each student. The personal health care team shall consist
of the principal or designee of the principal, the school nurse, if a school
nurse is assigned to the school, the parent or legal guardian of the
student, and to the extent practicable, the physician responsible for the
diabetes treatment of the student.
B.
The diabetes medical management plan shall indicate whether the parent
or legal guardian of the student with diabetes has given written consent for a
school nurse, a school employee trained by a health care professional, or a
volunteer diabetes care assistant, as defined by Section 1210.196.2 of this
title, to provide diabetes care in
accordance with Section 1210.196.5 of this title including but not limited to
the administration of glucagon to a student experiencing a hypoglycemic
emergency.
SECTION 2. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section
1210.196.9 of Title 70, unless there is created a duplication in numbering,
reads as follows:
A. A school district board of education may
elect to stock glucagon to treat a student with diabetes who experiences a
hypoglycemic emergency or if the student’s prescribed glucagon is not available
on site or has expired. A board of
education that elects to stock glucagon shall adopt a policy that requires:
1. The school district to inform, in writing,
the parent or legal guardian of each student who has a diabetes medical
management plan pursuant to Section 1210.196.3 of Title 70 of the Oklahoma
Statutes that a school nurse, a school employee trained by a health care
professional, or a volunteer diabetes care assistant, as defined by Section
1210.196.2 of Title 70 of the Oklahoma Statutes, may administer, with parent or
legal guardian written consent but without a health care provider order,
glucagon to a student with diabetes whom the school nurse, trained employee, or
volunteer diabetes care assistant in good faith believes is having a
hypoglycemic emergency or if the student’s prescribed glucagon is not available
on site or has expired;
2. A waiver of liability executed by a parent or
legal guardian be on file with the school district prior to administration of
glucagon; and
3. The school district to designate the employee
responsible for obtaining the glucagon at each school site.
B. Written consent and a waiver of liability
executed pursuant to subsection A of this section shall be effective for the
school year for which it is granted and shall be renewed each subsequent school
year.
C. A licensed physician who has prescriptive
authority may write a prescription for glucagon to a school district in the
name of the district as a body corporate specified in Section 5-105 of Title 70
of the Oklahoma Statutes, which shall be maintained at each school site in
accordance with the manufacturer’s instructions. Provided, however, that nothing in this
section shall be construed as creating or imposing a duty on a school district
to maintain glucagon at a school site or sites.
D. In the event a student is believed to be
having a hypoglycemic emergency, a school employee shall contact 911 and shall
contact the student’s parent or legal guardian as soon as possible.
SECTION
3. This act shall become effective July 1, 2023.
SECTION
4. 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 Senate the 23rd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of April, 2023.
Presiding Officer of the House
of Representatives
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:
_________________________________