(6) “Unlicensed diabetes care assistant” means a school employee who has ( a) A diabetes management and treatment plan must be developed and implemented …
HEALTH SAFETY CODE
CHAPTER 168 CARE OF STUDENTS WITH DIABETES
Sec 168001 DEFINITIONS In this chapter:
1 Diabetes management and treatment plan means the document
required by Section 168002
2 Individualized health plan means the document required by
Section 168003
3 Principal includes the principals 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
168005
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168002 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 students
diabetes while at school or while participating in a school activity The
plan shall be developed by:
1 the students parent or guardian; and
2 the physician responsible for the students diabetes
treatment
b A diabetes management and treatment plan must:
1 identify the health care services the student may receive
at school;
2 evaluate the students ability to manage and level of
understanding of the students diabetes; and
3 be signed by the students parent or guardian and the
physician responsible for the students diabetes treatment
c The parent or guardian of a student with diabetes who seeks care
for the students diabetes while the student is at school shall submit to
the school a copy of the students 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
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168003 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
students individualized health plan in collaboration with the students
parent or guardian and, to the extent practicable, the physician
responsible for the students diabetes treatment and one or more of the
students teachers
c A students individualized health plan must incorporate
components of the students diabetes management and treatment plan,
including the information required under Section 168002b A school
shall develop a students individualized health plan
on receiving the
students diabetes management and treatment plan
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168004 UNLICENSED DIABETES CARE ASSISTANT a At each
school in which a student with diabetes is enrolled, the school principal
shall:
1 seek school employees who are not health care professionals
to serve as unlicensed diabetes care assistants and care for students with
diabetes; and
2 make efforts to ensure that the school has:
A at least one unlicensed diabetes care assistant if a
full-time nurse is assigned to the school; and
B at least three unlicensed diabetes care assistants if
a full-time nurse is not assigned to the school
b An unlicensed diabetes care assistant shall serve under the
supervision of the principal
c A school employee may not be subject to any penalty or
disciplinary action for refusing to serve as an unlicensed diabetes care
assistant
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168005 TRAINING FOR UNLICENSED DIABETES CARE ASSISTANT a
The Texas Diabetes Council shall develop
guidelines, with the assistance of
the following entities, for the training of unlicensed diabetes care
assistants:
1 the departments 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 the training of school employees acting as unlicensed diabetes
care assistants
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 students diabetes management and treatment plan;
3 understanding the details of a students 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
students schedule is disrupted
e The school nurse or principal shall maintain a copy of the
training guidelines and any records associated with the training
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff
June 18, 2005
Sec 168006 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 students 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
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168007 REQUIRED CARE OF STUDENTS WITH DIABETES a If a
school nurse is assigned to a campus and the nurse is available, the nurse
shall perform the tasks necessary to assist a student with diabetes in
accordance with the students individualized health plan If a school
nurse is not assigned to the campus or a school nurse is not available, an
unlicensed diabetes care assistant shall perform the tasks necessary
to
assist the student with diabetes in accordance with the students
individualized health plan and in compliance with any guidelines provided
during training under Section 168005 An unlicensed diabetes care
assistant may perform the tasks provided by this subsection only if the
parent or guardian of the student signs an agreement that:
1 authorizes an unlicensed diabetes care assistant to assist
the student; and
2 states that the parent or guardian understands that an
unlicensed diabetes care assistant is not liable for civil damages as
provided by Section 168009
b 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 the physician responsible
for the students diabetes treatment
c Each school shall adopt a procedure to 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
d 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
e An unlicensed diabetes care assistant who assists a student as
provided by Subsection a in compliance with a students 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
f An unlicensed diabetes care assistant may exercise reasonable
judgment in deciding whether to contact a health care provider in the event
of a medical emergency involving a student with diabetes
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168008 INDEPENDENT MONITORING AND TREATMENT In accordance
with the students individualized health
plan, a school shall permit the
student to attend to the management and care of the students diabetes,
which may include:
1 performing blood glucose level checks;
2 administering insulin through the insulin delivery system
the student uses;
3 treating hypoglycemia and hyperglycemia;
4 possessing on the students person at any time any supplies
or equipment necessary to monitor and care for the students diabetes; and
5 otherwise attending to the management and care of the
students diabetes in the classroom, in any area of the school or school
grounds, or at any school-related activity
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168009 IMMUNITY FROM DISCIPLINARY ACTION OR LIABILITY a A
school employee may not be subject to any disciplinary proceeding, as
defined by Section 220512b, Education Code, resulting from an action
taken in compliance with this subchapter The requirements of this
subchapter are considered to involve the employees judgment and discretion
and are not considered ministerial acts for purposes of immunity from
liability
under Section 220511, Education Code Nothing in the subchapter
shall be considered to limit the immunity from liability afforded under
Section 220511, Education Code
b A school nurse is not responsible for and may not be subject to
disciplinary action under Chapter 301, Occupations Code, for actions
performed by an unlicensed diabetes care assistant
Added by Acts 2005, 79th Leg, Ch 1022, Sec 1, eff June 18, 2005
Sec 168010 DIABETES INTERVENTION PILOT PROGRAM FOR SCHOOL
DISTRICTS LOCATED ON THE TEXAS-MEXICO BORDER a This section applies
only to a school district located in a county that:
1 has a population of less than 600,000; and
2 is located on the international border
b The department, in consultation with the Texas Education Agency,
shall adopt criteria for the development of a pilot program that is
designed to prevent and detect Type 2 diabetes for a school district
described by Subsection a that has a student population identified by the
commissioner as at risk for Type 2 diabetes and that takes into account the
needs of the school district A pilot program developed under
this
subsection must provide that:
1 for each student in kindergarten through grade eight, each
school in the school district must:
A measure the height, weight, and blood glucose levels
of the student at the beginning of the school year and at another
appropriate time during the implementation of the program; and
B track the measurements of the student and the progress
of the student under the program through a data entry system provided over
the Internet; and
2 the pilot program components consist of bilingual
materials
c A school district to which Subsection a applies may choose to
participate in a pilot program under this section In the first year a
school district implements a program under this section, the district shall
report the measurements of student height, weight, and blood glucose levels
and the progress of a student under the program to the entity that
administers the program The administering entity, in cooperation with the
department, shall evaluate and analyze the measurements to determine the
effectiveness of the program in the first year
d The department shall, from money appropriated for that purpose,
distribute money to each school district that chooses to implement a pilot
program under this section to cover the costs associated with the program
Added by Acts 2007, 80th Leg, RS, Ch 1111, Sec 1, eff June 15, 2007
Sec 168011 GRANT-WRITING COORDINATION PROGRAM a The department
shall employ one person as a grant writer to assist and coordinate with
school districts located in the Texas-Mexico border region in obtaining
grants and other funds for school-based health centers
b A grant writer employed under this section may secure a grant or
other funds on behalf of the state for a school-based health center
c Funds obtained by the use of a grant writer employed under this
section may be used only to:
1 acquire, construct, or improve facilities for a school-
based health center;
2 purchase or lease equipment or materials for a school-based
health center; or
3 pay the salary or employment benefits of a person who is
employed to work exclusively in a school-based health center
Added by Acts 2007, 80th Leg, RS, Ch 1111, Sec 1, eff June 15,
2007
