1| SENATE FLOOR VERSION | | February 9, 2023 | 2| AS AMENDED | | | 3|SENATE BILL NO. 147 By: Hicks | | | 4| | | | 5| | | | 6| An Act relating to the Diabetes Management in Schools | | Act; amending 70 O.S. 2021, Section 1210.196.3, which | 7| relates to diabetes medical management plans; | | directing plans to indicate whether written consent | 8| has been given for administration of glucagon in | | certain circumstances; allowing a school district | 9| board of education to stock glucagon to treat a | | student with diabetes under certain circumstances; | 10| requiring the board to adopt certain policy; | | providing contents of policy; establishing length of | 11| effectiveness for certain written consent and waiver | | of liability; allowing certain licensed physician to | 12| write a prescription for glucagon to a school | | district; providing certain construction; requiring | 13| certain notification upon certain event; providing | | for codification; providing an effective date; and | 14| declaring an emergency. | | | 15| | | | 16| | | | 17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 18| SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.3, | | | 19|is amended to read as follows: | | | 20| Section 1210.196.3. A. A diabetes medical management plan | | | 21|shall be developed for each student with diabetes who will seek care | | | 22|for diabetes while at school or while participating in a school | | | 23|activity. The plan shall be developed by the personal health care | | | 24|team of each student. The personal health care team shall consist | | | arsid13441928 SENATE FLOOR VERSION - SB147 SFLR Page 1 ___________________________________________________________________________
1|of the principal or designee of the principal, the school nurse, if | | | 2|a school nurse is assigned to the school, the parent or legal | | | 3|guardian of the student, and to the extent practicable, the | | | 4|physician responsible for the diabetes treatment of the student. | | | 5| B. The diabetes medical management plan shall indicate whether | | | 6|the parent or legal guardian of the student with diabetes has given | | | 7|written consent for a school nurse, a school employee trained by a | | | 8|health care professional, or a volunteer diabetes care assistant, as | | | 9|defined by Section 1210.196.2 of this title, to provide diabetes | | | 10|care in accordance with Section 1210.196.5 of this title including | | | 11|but not limited to the administration of glucagon to a student | | | 12|experiencing a hypoglycemic emergency. | | | 13| SECTION 2. NEW LAW A new section of law to be codified | | | 14|in the Oklahoma Statutes as Section 1210.196.9 of Title 70, unless | | | 15|there is created a duplication in numbering, reads as follows: | | | 16| A. A school district board of education may elect to stock | | | 17|glucagon to treat a student with diabetes who experiences a | | | 18|hypoglycemic emergency or if the student's prescribed glucagon is | | | 19|not available on site or has expired. A board of education that | | | 20|elects to stock glucagon shall adopt a policy that requires: | | | 21| 1. The school district to inform, in writing, the parent or | | | 22|legal guardian of each student who has a diabetes medical management | | | 23|plan pursuant to Section 1210.196.3 of Title 70 of the Oklahoma | | | 24|Statutes that a school nurse, a school employee trained by a health | | | arsid13441928 SENATE FLOOR VERSION - SB147 SFLR Page 2 ___________________________________________________________________________
1|care professional, or a volunteer diabetes care assistant, as | | | 2|defined by Section 1210.196.2 of Title 70 of the Oklahoma Statutes, | | | 3|may administer, with parent or legal guardian written consent but | | | 4|without a health care provider order, glucagon to a student with | | | 5|diabetes whom the school nurse, trained employee, or volunteer | | | 6|diabetes care assistant in good faith believes is having a | | | 7|hypoglycemic emergency or if the student's prescribed glucagon is | | | 8|not available on site or has expired; | | | 9| 2. A waiver of liability executed by a parent or legal guardian | | | 10|be on file with the school district prior to administration of | | | 11|glucagon; and | | | 12| 3. The school district to designate the employee responsible | | | 13|for obtaining the glucagon at each school site. | | | 14| B. Written consent and a waiver of liability executed pursuant | | | 15|to subsection A of this section shall be effective for the school | | | 16|year for which it is granted and shall be renewed each subsequent | | | 17|school year. | | | 18| C. A licensed physician who has prescriptive authority may | | | 19|write a prescription for glucagon to a school district in the name | | | 20|of the district as a body corporate specified in Section 5-105 of | | | 21|Title 70 of the Oklahoma Statutes, which shall be maintained at each | | | 22|school site in accordance with the manufacturer's instructions. | | | 23|Provided, however, that nothing in this section shall be construed | | | 24| | | | arsid13441928 SENATE FLOOR VERSION - SB147 SFLR 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|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES | |February 9, 2023 - DO PASS AS AMENDED | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid13441928 SENATE FLOOR VERSION - SB147 SFLR Page 4