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