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79R3937 SLO-D

By:  Reyna                                                        H.B. No. 984


A BILL TO BE ENTITLED
AN ACT
relating to the care of elementary and secondary school students with diabetes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 168 to read as follows:
CHAPTER 168. CARE OF STUDENTS WITH DIABETES
Sec. 168.001. DEFINITIONS. In this chapter: (1) "Diabetes management and treatment plan" means the document required by Section 168.002. (2) "Individualized health plan" means the document required by Section 168.003. (3) "Principal" includes the principal's designee. (4) "School" means a public elementary or secondary school. The term does not include an open-enrollment charter school established under Subchapter D, Chapter 12, Education Code. (5) "School employee" means a person employed by: (A) a school; (B) a local health department that assists a school under this chapter; or (C) another entity with which a school has contracted to perform its duties under this chapter. (6) "Unlicensed diabetes care assistant" means a school employee who has successfully completed the training required by Section 168.004. Sec. 168.002. DIABETES MANAGEMENT AND TREATMENT PLAN. (a) A diabetes management and treatment plan must be developed and implemented for each student with diabetes who will seek care for the student's diabetes while at school or while participating in a school activity. The plan shall be developed by: (1) the student's parent or guardian; and (2) the student's personal health care team. (b) A diabetes management and treatment plan must: (1) identify the health care services the student may receive at school; (2) evaluate the student's ability to manage and level of understanding of the student's diabetes; and (3) be signed by the student's parent or guardian and the student's personal health care team. (c) The parent or guardian of a student with diabetes who seeks care for the student's diabetes while the student is at school shall submit to the school a copy of the student's diabetes management and treatment plan. The plan must be submitted to and reviewed by the school: (1) before or at the beginning of the school year; (2) on enrollment of the student, if the student enrolls in the school after the beginning of the school year; or (3) as soon as practicable following a diagnosis of diabetes for the student. Sec. 168.003. INDIVIDUALIZED HEALTH PLAN. (a) An individualized health plan is a coordinated plan of care designed to meet the unique health care needs of a student with diabetes in the school setting. (b) An individualized health plan must be developed for each student with diabetes who will seek care for diabetes while at school or while participating in a school activity. The school principal and the school nurse, if a school nurse is assigned to the school, shall develop a student's individualized health plan in collaboration with the student's parent or guardian and, to the extent practicable, the student's personal health care team and one or more of the student's teachers. (c) A student's individualized health plan must incorporate components of the student's diabetes management and treatment plan, including the information required under Section 168.002(b). A school shall develop a student's individualized health plan on receiving the student's diabetes management and treatment plan. Sec. 168.004. UNLICENSED DIABETES CARE ASSISTANT. (a) The Texas Diabetes Council shall develop guidelines, with the assistance of the following entities, for the training of school employees who are not health care professionals to become unlicensed diabetes care assistants and care for students with diabetes: (1) the department's School Health Program; (2) the American Diabetes Association; (3) the Juvenile Diabetes Research Foundation International; (4) the American Association of Diabetes Educators; (5) the Texas Nurses Association; (6) the Texas School Nurse Organization; and (7) the Texas Education Agency. (b) If a school nurse is assigned to a campus, the school nurse shall coordinate training and supervising school employees acting as unlicensed diabetes care assistants. If a school nurse is not assigned to a campus: (1) an unlicensed diabetes care assistant must have access to an individual with expertise in the care of persons with diabetes, such as a physician, a registered nurse, a certified diabetes educator, or a licensed dietitian; or (2) the principal must have access to a licensed health care professional who is a member of the student's personal health team. (c) Training under this section must be provided by a health care professional with expertise in the care of persons with diabetes or by the school nurse. The training must be provided before the beginning of the school year or as soon as practicable following: (1) the enrollment of a student with diabetes at a campus that previously had no students with diabetes; or (2) a diagnosis of diabetes for a student at a campus that previously had no students with diabetes. (d) The training must include instruction in: (1) recognizing the symptoms of hypoglycemia and hyperglycemia; (2) understanding the proper action to take if the blood glucose levels of a student with diabetes are outside the target ranges indicated by the student's diabetes management and treatment plan; (3) understanding the details of a student's individualized health plan; (4) performing finger-sticks to check blood glucose levels, checking urine ketone levels, and recording the results of those checks; (5) properly administering glucagon and insulin and recording the results of the administration; (6) recognizing complications that require seeking emergency assistance; and (7) understanding the recommended schedules and food intake for meals and snacks for a student with diabetes, the effect of physical activity on blood glucose levels, and the proper actions to be taken if a student's schedule is disrupted. (e) The school nurse or principal shall maintain a copy of the training guidelines and any records associated with the training. (f) The board of trustees of a school district shall ensure that there are at least three unlicensed diabetes care assistants at each campus attended by one or more students with diabetes. Sec. 168.005. REQUIRED INFORMATION FOR CERTAIN EMPLOYEES. A school district shall provide to each district employee who is responsible for providing transportation for a student with diabetes or supervising a student with diabetes during an off-campus activity a one-page information sheet that: (1) identifies the student who has diabetes; (2) identifies potential emergencies that may occur as a result of the student's diabetes and the appropriate responses to such emergencies; and (3) provides the telephone number of a contact person in case of an emergency involving the student with diabetes. Sec. 168.006. REQUIRED CARE OF STUDENTS WITH DIABETES. (a) At the request of a parent or guardian of a student with diabetes and in compliance with the student's individualized health plan, an unlicensed diabetes care assistant shall: (1) take the proper action to treat the student's symptoms of hypoglycemia and hyperglycemia; (2) respond to the student's blood glucose level if it is outside the target range specified in the diabetes management and treatment plan; (3) administer glucagon to the student; (4) administer insulin to the student or assist the student in administering insulin through an insulin delivery system that the student uses; (5) administer oral diabetes medication to the student; (6) check and record the student's blood glucose levels and urine ketone levels or assist the student with checking and recording those levels; and (7) assist the student in following instructions regarding meals, snacks, and physical activity. (b) A school shall ensure that a school nurse or at least one unlicensed diabetes care assistant is present and available to provide the required care to a student with diabetes during the regular school day. (c) A school district may not restrict the assignment of a student with diabetes to a particular campus on the basis that the campus does not have the required unlicensed diabetes care assistants. (d) An unlicensed diabetes care assistant who performs an activity described by Subsection (a) in compliance with a student's individualized health plan: (1) is not considered to be engaging in the practice of professional or vocational nursing under Chapter 301, Occupations Code, or other state law; and (2) 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. 168.007. INDEPENDENT MONITORING AND TREATMENT. On the written request of a parent or guardian of a student with diabetes, and in accordance with the student's diabetes management and treatment plan, a school shall permit the student to: (1) perform blood glucose level checks; (2) administer insulin through the insulin delivery system the student uses; (3) treat hypoglycemia and hyperglycemia; (4) possess on the student's person at any time any supplies or equipment necessary to monitor and care for the student's diabetes; and (5) otherwise attend to the management and care of the student's diabetes in the classroom, in any area of the school or school grounds, or at any school-related activity. SECTION 2. Chapter 168, Health and Safety Code, applies beginning with the 2005-2006 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.