Sen. Don Harmon
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 95




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    AMENDMENT NO. ______. Amend Senate Bill 95 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 1. Short title.   This Act may be cited as the Care 
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of Students with Diabetes Act.
 
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    Section 5. Legislative findings.   The General Assembly 
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finds the following:
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        (1)  Diabetes is a serious chronic disease that 
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    interferes with the body's ability to produce or use 
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    insulin, impairing the body's ability to metabolize food.  
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    Diabetes must be managed 24 hours a day in order to (i) 
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    avoid the potentially life-threatening short-term 
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    consequences of blood sugar levels that are either too high 
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    or too low and (ii) avoid or delay the serious long-term 
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    complications of high blood sugar levels, which include 
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    blindness, amputation, heart disease, and kidney failure.
 


 






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        (2)  In order to manage their disease, students with 
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    diabetes must have access to the means to balance food, 
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    medications, and physical activity levels while at school 
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    and school-sponsored activities.
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        (3)  A certificated school nurse is the most appropriate 
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    person in the school setting to coordinate health care 
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    services for a student with diabetes.
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        (4)  Because of the significant number of students with 
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    Type 1 diabetes and the increasing prevalence of Type 2 
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    diabetes, the effect on a student's ability to learn, and 
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    the risk for serious long-term and short-term medical 
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    complications, the General Assembly deems it in the public 
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    interest to enact this Act.
 
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    Section 10. Definitions.   In this Act:
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    "Diabetes medical management plan" means a document that 
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(i) is developed by the parent or guardian of a student with 
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diabetes, (ii) is a treatment and care plan for the student's 
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specific medical needs developed by the student's treating 
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physician licensed to practice medicine in all its branches, 
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advanced practice nurse who has a collaborative agreement with 
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a collaborating physician that authorizes development of a 
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diabetes medical management plan, or physician assistant who 
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has been delegated authority to develop a diabetes medical 
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management plan, (iii) sets out the services needed by the 
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student at school and school-sponsored activities, and (iv) is 
 


 






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signed by the parent or guardian.
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    "Health care provider with expertise in diabetes" means a 
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physician licensed to practice medicine in all its branches, an 
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advanced practice nurse, a registered professional nurse, or a 
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certificated school nurse.
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    "School" means a elementary or secondary public, charter, 
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or private school located in this State.
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    "School employee" means a person who is employed by a 
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public school district or private school, a person who is 
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employed by a local health department and assigned to a school, 
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or a person who contracts with a school or school district to 
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perform services in connection with the care of students with 
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diabetes.
 
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    Section 15. School policies; diabetes medical management 
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plan; self-care; training.  
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    (a)  Each school board and governing body of a private or 
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charter school must adopt and implement a policy that does all 
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of the following:
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        (1) Informs the parent or guardian of a student with 
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    diabetes of his or her obligation to submit a diabetes 
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    medical management plan.
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        (2) Requires the parent or guardian of a student with 
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    diabetes who seeks diabetes care while at school and 
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    school-sponsored activities to submit a diabetes medical 
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    management plan to the school prior to the beginning of 
 


 






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    each school year or upon enrollment of the student with 
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    diabetes, diagnosis of the student's diabetes, or change in 
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    the student's condition if such enrollment, diagnosis, or 
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    change occurs during the school year.
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        (3)  Permits a student with diabetes, upon written 
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    request of the parent or guardian, in accordance with the 
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    student's submitted diabetes medical management plan, to 
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    test his or her blood glucose level, administer insulin, 
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    treat hypoglycemia and hyperglycemia, and otherwise 
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    provide diabetes self-care.

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        (4)  Permits a student to possess on his or her person 
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    at all times the supplies and equipment necessary to 
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    perform diabetes self-care at any time, in any area of the 
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    school or school grounds, including without limitation the 
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    classroom, in accordance with his or her diabetes medical 
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    management plan.

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        (5)  Informs the parent or guardian and the student with 
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    diabetes of their right to request self-care.

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        (6)  Requires, at least once every 2 years, the 
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    in-service training of school employees by a health care 
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    provider with expertise in diabetes regarding the care of 
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    students with diabetes.

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        (7)  Requires school employees who have completed the 
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    in-service training regarding the care of students with 
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    diabetes to assist students who are unable to provide 
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    self-care.

 


 






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    (b)  Each school board and governing body of a private or 
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charter school shall develop a policy under this Section no 
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later than July 1, 2010.
 
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    Section 20. Guidelines and procedures.  The Department of 
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Human Services, in consultation with the State Board of 
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Education and other appropriate representatives of without 
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limitation the Illinois Society for Advanced Practice Nursing, 
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the Illinois State Medical Society, the Illinois Chapter of the 
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American Diabetes Association, and the Illinois Association of 
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School Nurses, shall develop all guidelines and procedures 
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necessary for the implementation of this Act.
 
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    Section 25. Civil immunity.   A physician, nurse, school 
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employee, public charter school or public school district, or 
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governing body of a private school is not liable for civil or 
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other damages as a result of conduct, other than willful or 
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wanton misconduct, related to the care of a student with 
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diabetes under this Act.
 
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    Section 30. Federal law.   Nothing in this Act shall limit 
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any rights available under federal law.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".