A03739 Summary:

BILL NOA03739
 
SAME ASNo same as
 
SPONSORBoyland
 
COSPNSR
 
MLTSPNSR
 
Add S921, Ed L
 
Provides for the care of students with diabetes in elementary and secondary school and the training of designated school personnel to assist in a student's diabetes care in accordance with the diabetes medical management plan submitted to the school by the student's parent or in an emergency situation.
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A03739 Actions:

BILL NOA03739
 
01/29/2013referred to education
01/08/2014referred to education
03/10/2014enacting clause stricken
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A03739 Floor Votes:

There are no votes for this bill in this legislative session.
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A03739 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3739
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2013
                                       ___________
 
        Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
          tee on Education
 
        AN ACT to amend the education law, in relation to providing for the care
          of students with diabetes  in  elementary  and  secondary  school  and
          providing for the training of designated school personnel to assist in
          a student's diabetes care
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature finds that:
     2    (1) Diabetes is a serious, chronic disease  that  impairs  the  body's
     3  ability to use food. Diabetes must be managed 24 hours a day in order to
     4  avoid  the  potentially  life-threatening  consequences of blood glucose
     5  levels that are either too high (hyperglycemia) or too  low  (hypoglyce-
     6  mia),  and to avoid or delay the serious long-term complications of high
     7  blood glucose levels which include blindness, amputation, heart disease,
     8  and kidney failure;
     9    (2) In order to manage their disease, students with diabetes must have
    10  access to the means to balance food, medications, and physical  activity
    11  levels while at school and at school related activities;

    12    (3)  Diabetes  is  generally a self-managed disease, and many students
    13  with diabetes are able to perform most of their own diabetes care tasks.
    14  Such students should be permitted  to  do  so  in  the  school  setting.
    15  However,  some students, because of age, inexperience, or other factors,
    16  need help with some or all of diabetes care tasks, and all students will
    17  need help in the event of a diabetes emergency;
    18    (4) The school nurse is the preferred person in the school setting  to
    19  provide  or  facilitate  care  for  a  student with diabetes. However, a
    20  school nurse may not always be available on site and even when  a  nurse
    21  is assigned to a school full time, he or she may not always be available
    22  to provide direct care during the school day;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD06947-01-3

        A. 3739                             2
 
     1    (5)  Diabetes  management  is  needed  at all times. Additional school
     2  personnel, who have completed training coordinated by the  school  nurse
     3  or  other health care professional and who provide care under the super-
     4  vision of the school nurse or other health care professional, need to be
     5  prepared to perform diabetes care tasks at school when a school nurse or
     6  other health care professional is not available. Preparations are needed
     7  to  ensure  that  students with diabetes will be medically safe and have
     8  the same access to educational opportunities  as  all  students  in  New
     9  York; and
    10    (6)  Due  to  the  significant  number  of students with diabetes, the

    11  effect of diabetes upon a student's ability to learn, and the  risk  for
    12  serious  long-term  and short-term medical complications, legislation in
    13  this state is necessary to address this issue.
    14    § 2. The education law is amended by adding a new section 921 to  read
    15  as follows:
    16    §  921.  Diabetes management for pupils afflicted with diabetes. 1. As
    17  used in this section, the following terms shall have the following mean-
    18  ings:
    19    a. "Diabetes medical management plan" means a  document  developed  by
    20  the  student's physician or other health care provider that sets out the
    21  health services, including the student's target range for blood  glucose
    22  levels,  needed  by the student at school and is signed by the student's
    23  parent or guardian.

    24    b. "School" means any primary or secondary public school located with-
    25  in this state.
    26    c. "School employee" means any person employed by a local school board
    27  or state chartered special school or any  person  employed  by  a  local
    28  health department who is assigned to a public school.
    29    d. "Trained diabetes personnel" means a school employee who volunteers
    30  to  be  trained in accordance with this section. Such employee shall not
    31  be required to be a health care professional.
    32    2. a. No later than August first, two thousand thirteen,  the  depart-
    33  ment, in conjunction with the New York State Association of School Nurs-
    34  es, shall develop guidelines for the training of school employees in the

    35  care  needed  for  students with diabetes. The training guidelines shall
    36  include instruction in:
    37    (1) Recognition and treatment of hypoglycemia and hyperglycemia;
    38    (2) Understanding the appropriate actions to take when  blood  glucose
    39  levels  are  outside  of  the  target  ranges  indicated  by a student's
    40  diabetes medical management plan;
    41    (3) Understanding physician instructions concerning  diabetes  medica-
    42  tion dosage, frequency, and the manner of administration;
    43    (4)  Performance of finger-stick blood glucose checking, ketone check-
    44  ing, and recording the results;
    45    (5) Administration of insulin and  glucagon,  an  injectable  used  to
    46  raise  blood glucose levels immediately for severe hypoglycemia, and the

    47  recording of results;
    48    (6) Performance of basic insulin pump functions;
    49    (7) Recognizing complications that require emergency assistance; and
    50    (8) Recommended schedules and food intake for meals  and  snacks,  the
    51  effect of physical activity upon blood glucose levels, and actions to be
    52  implemented in the case of schedule disruption.
    53    b.  Each  local  school board and state chartered special school shall
    54  insure that the training outlined in paragraph a of this subdivision  is
    55  provided to a minimum of two school employees at each school attended by
    56  a student with diabetes.

        A. 3739                             3
 
     1    c.  A school employee shall not be subject to any penalty or discipli-

     2  nary action for refusing to serve as trained diabetes personnel.
     3    d.  The  training outlined in paragraph a of this subdivision shall be
     4  coordinated and provided by a school nurse or may be contracted  out  to
     5  be  provided  by  another  health  care  professional  with expertise in
     6  diabetes. Such training shall take place prior to  the  commencement  of
     7  each  school  year,  or  as needed when a student with diabetes is newly
     8  enrolled at a school or a student is newly diagnosed with diabetes.  The
     9  school  nurse or other contracted health care professional shall provide
    10  follow-up training and supervision.
    11    e. Each local school board and state chartered  special  school  shall
    12  provide  information  in  the  recognition of diabetes related emergency

    13  situations to all bus drivers responsible for the  transportation  of  a
    14  student with diabetes.
    15    3.  The  parent  or  guardian  of each student with diabetes who seeks
    16  diabetes care while at school shall submit  to  the  school  a  diabetes
    17  medical  management plan which upon receipt shall be reviewed and imple-
    18  mented by the school.
    19    4. a. In accordance with the request of a  parent  or  guardian  of  a
    20  student  with  diabetes  and  the  student's diabetes medical management
    21  plan, the school nurse or, in the absence of the school  nurse,  trained
    22  diabetes  personnel  shall  perform functions including, but not limited
    23  to, responding to blood glucose levels that are outside of the student's

    24  target range; administering glucagon; administering insulin, or  assist-
    25  ing  a  student  in  administering  insulin through the insulin delivery
    26  system the student uses; providing oral diabetes  medications;  checking
    27  and  recording  blood  glucose  levels and ketone levels, or assisting a
    28  student with such checking and  recording;  and  following  instructions
    29  regarding meals, snacks, and physical activity.
    30    b.  The  school nurse or at least one trained diabetes personnel shall
    31  be on site at each school and available during regular school  hours  to
    32  provide  care  to  each  student with diabetes as identified pursuant to
    33  subdivision three of this section.   For purposes of  field  trips,  the

    34  parent or guardian, or designee of such parent or guardian, of a student
    35  with diabetes may accompany such student on a field trip.
    36    c.  There  shall  be trained diabetes personnel at each school where a
    37  student with diabetes is enrolled, and a student's school  choice  shall
    38  in no way be restricted because the student has diabetes.
    39    d.  The  activities set forth in paragraph a of this subdivision shall
    40  not constitute the practice of nursing and shall be  exempted  from  all
    41  applicable statutory and regulatory provisions that restrict what activ-
    42  ities can be delegated to or performed by a person who is not a licensed
    43  health care professional.
    44    5.  Upon  written  request  of  a  student's parent or guardian and if

    45  authorized by the student's diabetes medical management plan, a  student
    46  with diabetes shall be permitted to perform blood glucose checks, admin-
    47  ister  insulin  through  the  insulin  delivery system the student uses,
    48  treat hypoglycemia and hyperglycemia, and otherwise attend to the  moni-
    49  toring  and  treatment  of  his or her diabetes in the classroom, in any
    50  area of the school or school grounds, and at any school  related  activ-
    51  ity, and he or she shall be permitted to possess on his or her person at
    52  all  times all necessary supplies and equipment to perform such monitor-
    53  ing and treatment functions.
    54    6. No physician, nurse, school employee, local school board, or  state

    55  chartered special school shall be liable for civil damages or subject to
    56  disciplinary  action  under professional licensing regulations or school

        A. 3739                             4
 
     1  disciplinary policies as  a  result  of  the  activities  authorized  or
     2  required  by  this section when such acts are committed as an ordinarily
     3  reasonably prudent  physician,  nurse,  school  employee,  local  school
     4  board, or state chartered special school would have acted under the same
     5  or similar circumstances.
     6    7.  A  private  school  which  complies  with the requirements of this
     7  section shall have the same limited liability for such  school  and  its
     8  employees  in  the  same manner as for public schools as provided for in

     9  subdivision six of this section.
    10    § 3. This act shall take effect immediately.
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