Bill Text For SB0147 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|SENATE BILL 147                      By: Hicks                         |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to the Diabetes Management in Schools           |
  |       Act; amending 70 O.S. 2021, Section 1210.196.3, which           |
 8|       relates to diabetes medical management plans;                   |
  |       directing plans to indicate whether written consent             |
 9|       has been given for administration of glucagon in                |
  |       certain circumstances; allowing a school district               |
10|       board of education to stock glucagon to treat a                 |
  |       student with diabetes under certain circumstances;              |
11|       requiring the board to adopt certain policy;                    |
  |       providing contents of policy; establishing length of            |
12|       effectiveness for certain written consent and waiver            |
  |       of liability; allowing certain licensed physician to            |
13|       write a prescription for glucagon to a school                   |
  |       district; providing certain construction; requiring             |
14|       certain notification upon certain event; providing              |
  |       for codification; providing an effective date; and              |
15|       declaring an emergency.                                         |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     AMENDATORY     70 O.S. 2021, Section 1210.196.3,    |
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20|is amended to read as follows:                                         |
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21|    Section 1210.196.3.  A.  A diabetes medical management plan        |
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22|shall be developed for each student with diabetes who will seek care   |
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23|for diabetes while at school or while participating in a school        |
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24|activity.  The plan shall be developed by the personal health care     |
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   Req. No. 357                                                    Page 1
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 1|team of each student.  The personal health care team shall consist     |
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 2|of the principal or designee of the principal, the school nurse, if    |
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 3|a school nurse is assigned to the school, the parent or legal          |
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 4|guardian of the student, and to the extent practicable, the            |
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 5|physician responsible for the diabetes treatment of the student.       |
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 6|    B.  The diabetes medical management plan shall indicate whether    |
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 7|the parent or legal guardian of the student with diabetes has given    |
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 8|written consent for a school nurse, a school employee trained by a     |
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 9|health care professional, or a volunteer diabetes care assistant, as   |
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10|defined by Section 1210.196.2 of this title, to administer glucagon    |
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11|to a student experiencing a hypoglycemic emergency or if the           |
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12|student's prescribed glucagon is not available on site or has          |
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13|expired.                                                               |
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14|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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15|in the Oklahoma Statutes as Section 1210.196.9 of Title 70, unless     |
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16|there is created a duplication in numbering, reads as follows:         |
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17|    A.  A school district board of education may elect to stock        |
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18|glucagon to treat a student with diabetes who experiences a            |
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19|hypoglycemic emergency or if the student's prescribed glucagon is      |
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20|not available on site or has expired.  A board of education that       |
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21|elects to stock glucagon shall adopt a policy that requires:           |
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22|    1.  The school district to inform, in writing, the parent or       |
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23|legal guardian of each student who has a diabetes medical management   |
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24|plan pursuant to Section 1210.196.3 of Title 70 of the Oklahoma        |
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   Req. No. 357                                                    Page 2
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 1|Statutes that a school nurse, a school employee trained by a health    |
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 2|care professional, or a volunteer diabetes care assistant, as          |
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 3|defined by Section 1210.196.2 of Title 70 of the Oklahoma Statutes,    |
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 4|may administer, with parent or legal guardian written consent but      |
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 5|without a health care provider order, glucagon to a student with       |
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 6|diabetes whom the school nurse, trained employee, or volunteer         |
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 7|diabetes care assistant in good faith believes is having a             |
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 8|hypoglycemic emergency or if the student's prescribed glucagon is      |
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 9|not available on site or has expired;                                  |
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10|    2.  A waiver of liability executed by a parent or legal guardian   |
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11|be on file with the school district prior to administration of         |
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12|glucagon; and                                                          |
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13|    3.  The school district to designate the employee responsible      |
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14|for obtaining the glucagon at each school site.                        |
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15|    B.  Written consent and a waiver of liability executed pursuant    |
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16|to subsection A of this section shall be effective for the school      |
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17|year for which it is granted and shall be renewed each subsequent      |
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18|school year.                                                           |
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19|    C.  A licensed physician who has prescriptive authority may        |
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20|write a prescription for glucagon to a school district in the name     |
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21|of the district as a body corporate specified in Section 5-105 of      |
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22|Title 70 of the Oklahoma Statutes, which shall be maintained at each   |
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23|school site in accordance with the manufacturer's instructions.        |
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24|Provided, however, that nothing in this section shall be construed     |
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   Req. No. 357                                                    Page 3
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 1|as creating or imposing a duty on a school district to maintain        |
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 2|glucagon at a school site or sites.                                    |
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 3|    D.  In the event a student is believed to be having a              |
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 4|hypoglycemic emergency, a school employee shall contact 911 and        |
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 5|shall contact the student's parent or legal guardian as soon as        |
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 6|possible.                                                              |
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 7|    SECTION 3.  This act shall become effective July 1, 2023.          |
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 8|    SECTION 4.  It being immediately necessary for the preservation    |
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 9|of the public peace, health, or safety, an emergency is hereby         |
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10|declared to exist, by reason whereof this act shall take effect and    |
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11|be in full force from and after its passage and approval.              |
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13|    59-1-357       EB        1/4/2023 5:53:49 PM                       |
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   Req. No. 357                                                    Page 4
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