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


Senate Research CenterC.S.S.B. 1662
By: Duncan
Health & Human Services
4/30/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the school nurse may provide care for a student with diabetes.
However, not all schools have a full-time nurse.  C.S.S.B. 1662 requires a
student with diabetes to have a individual health 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 "individual health plan," "school,"
"school employee," and "trained diabetes care assistant." 

Sec. 38.102.  INDIVIDUAL HEALTH PLAN.  (a) Requires an individual health
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 an individual health 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 individual health 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 assistant. 

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

(d) Requires the trained diabetes care assistant, if a school nurse is not
assigned to a campus, to have access, for emergency or informational
assistance, to an individual who has expertise in the care of persons with
diabetes, such as a physician, physician assistant, registered nurse,
certified diabetes educator, or  licensed dietitian. 

(e) 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. 

(f) Requires the training to include instruction in certain subjects.

(g) 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 assistants at each
campus attended by one or more students with diabetes. 

Sec. 38.104.  INFORMATION FOR SCHOOL BUS DRIVERS.  Requires a school
district to provide a single page of information identifying and providing
emergency information, including contact phone numbers, for a student with
diabetes for personnel involved in transporting and supervising that
student on a school related activity. 

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

(b) Requires a school to ensure that at least one trained diabetes care
assistant is present and available to provide the required care to a
student with diabetes during the regular school day. 

(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 assistants. 

(d) Provides that a trained diabetes care assistant who performs an
activity described by Subsection (a) in compliance with the individual
health 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.  Requires a school, on
the written request of certain persons, and if permitted by the student's
individual health plan, to permit the student to take certain actions. 

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

SECTION 3.  Effective date: September 1, 2003.