SRC-TJG S.B. 1662 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1662
78R6388 ESH-DBy: Duncan
Health & Human Services
4/28/2003
As Filed


DIGEST AND PURPOSE 

Currently, the school nurse may provide care for a student with diabetes.
However, not all schools have a full-time nurse.  As proposed, S.B. 1662
requires a student with diabetes to have a medical management plan for
treatment at school.  This bill also establishes that a school campus that
has a student diagnosed with diabetes, must have three school employees
trained in recognizing, treating, or calling for emergency assistance for
diabetes related symptoms.  Finally, this bill requires schools to allow
students, with written permission of a parent or guardian, to perform
various diabetes maintenance activities at school. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Education Code, by adding Subchapter C, as
follows: 

SUBCHAPTER C.  CARE OF STUDENTS WITH DIABETES

Sec. 38.101.  DEFINITIONS.  Defines "medical management plan," "school,"
"school employee," and "trained diabetes care provider." 

Sec. 38.102.  MEDICAL MANAGEMENT PLAN.  (a) Requires a medical management
plan to be developed for each student with diabetes who will seek care for
the student's diabetes while at school.  Requires the plan to be developed
by certain persons. 

(b) Requires a medical management plan to meet certain conditions.

(c) Requires the parent or guardian of a student with diabetes who seeks
care for the student's diabetes while the student is at school to submit
to the school a copy of the student's medical management plan.  Requires
the plan to be submitted to and reviewed by the school according to
certain requirements. 

Sec. 38.103.  TRAINED DIABETES CARE PROVIDER.  (a) Requires the Texas
Diabetes Council to develop, with the assistance of certain entities,
guidelines for the training of school employees in the care of students
with diabetes. 

(b) Provides that a school employee is not required to be a health care
professional to be designated as a trained diabetes care provider. 

(c) Requires the school nurse to meet certain requirements if a school
nurse is assigned to a campus. 

(d) Requires training under this section to be provided annually by a
health care professional with expertise in the care of persons with
diabetes.  Requires the training to be provided before the beginning of
the school year or as soon as practicable following certain events. 
 
(e) Requires the training to include instruction in certain subjects.

(f) Requires the board of trustees of a school district and the governing
body of each private school or open-enrollment charter school to ensure
that there are at least three trained diabetes care providers at each
campus attended by one or more students with diabetes. 

Sec. 38.104.  TRAINING FOR SCHOOL BUS DRIVERS.  Requires a school
district, private school, or open-enrollment school to provide to each bus
driver who is responsible for transporting a student with diabetes
training in certain subjects. 

Sec. 38.105.  REQUIRED CARE OF STUDENTS WITH DIABETES.  (a) Requires a
trained diabetes care provider, at the request of certain persons and in
compliance with the student's medical management plan, to take certain
actions. 

(b) Requires a school to ensure that at least one trained diabetes care
provider is present and available to provide the required care to a
student with diabetes at certain times. 

(c) Prohibits a school district from restricting the assignment of a
student with diabetes to a particular campus on the basis that the campus
does not have the required trained diabetes care providers. 

(d) Provides that a trained diabetes care provider who performs an
activity described by Subsection (a) in compliance with the medical
management plan of a student with diabetes is not considered to be
engaging in certain practices and is exempt from any applicable state law
or rule that restricts the activities that may be performed by a person
who is not a health care professional. 

Sec. 38.106.  INDEPENDENT MONITORING AND TREATMENT.  Authorizes a school,
on the written request of certain persons, and if permitted by the
student's medical management plan, to permit the student to take certain
actions. 

Sec. 38.107.  IMMUNITY FROM LIABILITY.  (a) Provides that certain persons
are immune from liability for civil damages resulting from an action taken
in compliance with this subchapter if the person acted in the same manner
as an ordinarily reasonable and prudent person would have acted under the
same or similar circumstances. 

(b) Provides that if certain persons are immune from liability under
Subsection (a), the school that employs the person is also immune from
liability. 

SECTION 2.  Makes application of Subchapter C, Chapter 38, Education Code,
prospective to the beginning of the 2004-2005 school year. 

SECTION 3.  Effective date: September 1, 2003.