Bill Text: FL H0747 | 2010 | Regular Session | Comm Sub

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Bill Title: Treatment of Diabetes [SPSC]

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-57 [H0747 Detail]

Download: Florida-2010-H0747-Comm_Sub.html

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CS/CS/HB 747

1	A bill to be entitled
2	An act relating to the treatment of diabetes; amending s.
3	385.203, F.S.; revising the Diabetes Advisory Council
4	membership; amending s. 1002.20, F.S.; prohibiting school
5	districts from restricting the assignment of diabetic
6	students to certain schools for certain reasons;
7	authorizing a student to manage diabetes while at school,
8	at school-sponsored activities, or in transit to or from
9	school or school-sponsored activities with written
10	authorization from the parent and physician; requiring the
11	State Board of Education to adopt rules; providing for
12	indemnification of specified employees, volunteers, and
13	entities; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Subsection (3) of section 385.203, Florida
18	Statutes, is amended to read:
19	385.203 Diabetes Advisory Council; creation; function;
20	membership.-
21	(3) The council shall be composed of 26 25 citizens of the
22	state who have knowledge of, or work in, the area of diabetes
23	mellitus as follows:
24	(a) Five interested citizens, three of whom are affected
25	by diabetes.
26	(b) Twenty-one Twenty members, who must include one
27	representative from each of the following areas: nursing with
28	diabetes-educator certification; dietary with diabetes educator
29	certification; podiatry; ophthalmology or optometry; psychology;
30	pharmacy; adult endocrinology; pediatric endocrinology; the
31	American Diabetes Association (ADA); the Juvenile Diabetes
32	Foundation (JDF); the Florida Academy of Family Physicians; a
33	community health center; a county health department; an American
34	Diabetes Association recognized community education program;
35	each medical school in the state; an osteopathic medical school;
36	the insurance industry; a Children's Medical Services diabetes
37	regional program; and an employer.
38	(c) One or more representatives from the Department of
39	Health, who shall serve on the council as ex officio members.
40	Section 2. Paragraph (j) is added to subsection (3) of
41	section 1002.20, Florida Statutes, to read:
42	1002.20 K-12 student and parent rights.-Parents of public
43	school students must receive accurate and timely information
44	regarding their child's academic progress and must be informed
45	of ways they can help their child to succeed in school. K-12
46	students and their parents are afforded numerous statutory
47	rights including, but not limited to, the following:
48	(3) HEALTH ISSUES.-
49	(j) Diabetes management.-A school district may not
50	restrict the assignment of a student who has diabetes to a
51	particular school on the basis that the student has diabetes,
52	that the school does not have a full-time school nurse, or that
53	the school does not have trained diabetes personnel. Diabetic
54	students whose parent and physician provide their written
55	authorization to the school principal may carry diabetic
56	supplies and equipment on their person and attend to the
57	management and care of their diabetes while in school,
58	participating in school-sponsored activities, or in transit to
59	or from school or school-sponsored activities to the extent
60	authorized by the parent and physician and within the parameters
61	set forth by State Board of Education rule. The written
62	authorization shall identify the diabetic supplies and equipment
63	that the student is authorized to carry and shall describe the
64	activities the child is capable of performing without
65	assistance, such as performing blood-glucose level checks and
66	urine ketone testing, administering insulin through the insulin-
67	delivery system used by the student, and treating hypoglycemia
68	and hyperglycemia. The State Board of Education, in cooperation
69	with the Department of Health, shall adopt rules to encourage
70	every school in which a student with diabetes is enrolled to
71	have personnel trained in routine and emergency diabetes care.
72	The State Board of Education, in cooperation with the Department
73	of Health, shall also adopt rules for the management and care of
74	diabetes by students in schools that include provisions to
75	protect the safety of all students from the misuse or abuse of
76	diabetic supplies or equipment. A school district, county health
77	department, and public-private partner, and the employees and
78	volunteers of those entities, shall be indemnified by the parent
79	of a student authorized to carry diabetic supplies or equipment
80	for any and all liability with respect to the student's use of
81	such supplies and equipment pursuant to this paragraph.
82	Section 3. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.