relating to the care of elementary and secondary school students with diabetes. (4) “Trained diabetes care assistant” means a school employee who has completed …
78R16823 ESH-D
By: Duncan, et al SB No 1662
Substitute the following for SB No 1662:
By: Capelo CSSB No 1662
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 Chapter 38, Education Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C CARE OF STUDENTS WITH DIABETES
Sec 38101 DEFINITIONS In this subchapter:
1 Individual health care plan means the document required
by Section 38102
2 School means an elementary or secondary school of an
independent school district
3 School employee means a person employed by:
A a school;
B a local health department that assists a school under
this subchapter; or
C another entity with which a school has contracted to
perform its duties under this subchapter
4 Trained diabetes care assistant means a school employee
who has completed the training required by Section 38103
Sec 38102 INDIVIDUAL
HEALTH CARE PLAN a An individual health
care plan must be developed for each student with diabetes who will seek
care for the students diabetes while at school The plan shall be
developed by:
1 the students parent or guardian; and
2 the students personal health care team, which should
include the students physician and school employees whose duties are
relevant to the students medical condition
b An individual health care plan must:
1 identify the health care services the student may receive
at school; and
2 be signed by the students parent or guardian and the
students personal health care team
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 individual health care plan The plan
must be submitted to and reviewed by the school:
1 before 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 38103 TRAINED DIABETES CARE ASSISTANT a The Texas
Diabetes Council shall develop, with the assistance of the following
entities, guidelines for the training of school employees in the care of
students with diabetes:
1 the School Health Program of the Texas Department of
Health;
2 the American Diabetes Association;
3 the Juvenile Diabetes Research Foundation International;
4 the American Association of Diabetes Educators;
5 the agency; and
6 the Texas School Nurses Organization
b A school employee is not required to be a health care
professional to be designated as a trained diabetes care assistant The
board of trustees of a school district may not require a school employee to
serve as a trained diabetes care assistant
c If a school nurse is assigned to a campus:
1 the school nurse may be recognized as a trained diabetes
care assistant at that campus; or
2 the school nurse may supervise one or more other school
employees acting as trained diabetes care assistants
d A school nurse may be recognized as a trained diabetes care
assistant without completing the
training under this section if:
1 the nurse is a registered nurse; and
2 the nurse has received formal advanced training in diabetes
care as part of the nurses continuing education
e If a school nurse is not assigned to a campus:
1 each trained diabetes care assistant must have access, for
emergency or informational assistance, to an individual who has expertise
in the care of persons with diabetes, such as a physician, registered
nurse, certified dietitian educator, or licensed dietitian; or
2 the school must have access to a licensed health care
professional who is a member of the students personal health care team
f Training under this section must be provided annually by a health
care professional with expertise in the care of persons with diabetes 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
g The training must include
instruction in:
1 recognizing signs of hypoglycemia and hyperglycemia;
2 steps to take if the blood glucose levels of a student with
diabetes are outside the target ranges indicated by the students
individual health care plan;
3 how to follow a physicians instructions concerning
diabetes medication dosages, administration, and frequency of
administration;
4 performing finger-sticks to check blood glucose levels,
checking ketone levels, and recording the results of those checks;
5 administering glucagon and insulin and recording the
results of the administration; and
6 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 steps to take if a students schedule is
disrupted
h The training must be provided without charge to the school
employee receiving the training
i The board of trustees of a school district shall ensure that
there is at least one trained diabetes care assistant at each campus
attended by one or more students with diabetes
Sec 38104 INFORMATION FOR CERTAIN EMPLOYEES A school
district
shall provide to each school employee who is responsible for transporting a
student with diabetes or for supervising a student with diabetes during an
off-campus activity a one-page information sheet that:
1 identifies the student with diabetes;
2 identifies potential emergencies involving the students
diabetes and appropriate responses to such emergencies; and
3 provides telephone numbers of persons the employee may
contact in an emergency involving the students diabetes
Sec 38105 REQUIRED CARE OF STUDENTS WITH DIABETES a At the
written request of a parent or guardian of a student with diabetes and in
compliance with the students individual health care plan, a trained
diabetes care assistant shall:
1 respond to the students blood glucose level if it is
outside the target range specified in the students individual health care
plan; and
2 assist the student in following instructions regarding
meals, snacks, and physical activity
b A school shall ensure to the greatest extent practicable that the
trained 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 trained diabetes care assistants
d A trained diabetes care assistant who performs an activity
described by Subsection a in compliance with the individual health care
plan of a student with diabetes:
1 is not considered to be engaging in the practice of:
A professional nursing under Chapter 301, Occupations
Code, or other state law; or
B vocational nursing under Chapter 302, 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 38106 INDEPENDENT MONITORING AND TREATMENT On the written
request signed by a parent or guardian of a student with diabetes, and if
permitted by the students individual health care 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 students person at any time any supplies or
equipment necessary to monitor and care for the students diabetes; and
5 otherwise attend 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
SECTION 2 Subchapter C, Chapter 38, Education Code, as added by this
Act, applies beginning with the 2004-2005 school year
SECTION 3 This Act takes effect September 1, 2003
Source:ahrq.gov
