Bill Text: FL H0747 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
HB 747
A bill to be entitled
2An act relating to the care of public school students with
3diabetes; creating s. 1006.0627, F.S.; providing findings
4and definitions; requiring the Department of Education to
5develop guidelines for the training of school employees in
6the care of students with diabetes; requiring training to
7include specified instruction; requiring a school nurse or
8other health care professional to provide training;
9requiring the parent of a student with diabetes to submit
10to the school a diabetes medical management plan;
11providing required care by trained diabetes personnel;
12exempting activities from certain statutory and regulatory
13provisions; authorizing a student's independent monitoring
14and treatment; providing immunity from civil liability or
15disciplinary action; requiring district school boards to
16report information to the department; providing an
17effective date.
19Be It Enacted by the Legislature of the State of Florida:
21 Section 1. Section 1006.0627, Florida Statutes, is created
22to read:
23 1006.0627 Care of students with diabetes.-
24 (1) FINDINGS.-The Legislature finds that:
25 (a) Diabetes is a serious, chronic disease that impairs
26the body's ability to use food as energy due to a deficiency of
27the hormone insulin and must be managed 24 hours a day in order
28to avoid the potentially life-threatening short-term
29consequences of blood glucose levels that are either too high
30(hyperglycemia) or too low (hypoglycemia) and to avoid or delay
31the serious long-term complications of high blood glucose levels
32which include blindness, amputation, heart disease, and kidney
34 (b) In order to manage the disease, a student with
35diabetes must have access to the means to balance food,
36medication, and physical activity levels while at school and at
37school-related activities.
38 (c) Diabetes is a self-managed disease and many students
39with diabetes are able to perform most of their own diabetes
40care tasks, and such students should be permitted to do so in
41the school setting.
42 (d) Some students with diabetes, because of age,
43inexperience, or other factors, need help with some or all of
44their diabetes care tasks, and all students with diabetes will
45need help in the event of a diabetes emergency.
46 (e) The school nurse is the preferred person in the school
47setting to provide or facilitate care for a student with
48diabetes, and many schools in the state do not have a full-time
49nurse or school nurse who is available on site at all times.
50 (f) Since diabetes management is needed at all times,
51school employees who have completed training coordinated by a
52school nurse and who provide care under the supervision of a
53school nurse must be prepared to perform diabetes care tasks at
54school and all school-related activities when a school nurse is
55unavailable in order that students with diabetes be medically
56safe and have the same access as other students to educational
58 (2) DEFINITIONS.-For purposes of this section, the term:
59 (a) "Diabetes medical management plan" means a document
60developed by a student's personal health care team that sets out
61the health services needed by the student at school and is
62signed by the student's personal health care team and parent.
63 (b) "School employee" means a person or subcontractor
64employed by a district school board or a person employed by a
65local health department who is assigned to a public school.
66 (c) "Trained diabetes personnel" means a school employee
67who voluntarily is trained in accordance with subsection (3).
68Such employee need not be a health care professional.
70 (a) The Department of Education, in cooperation with the
71Department of Health, the American Diabetes Association, the
72American Association of Diabetes Educators, and the Florida
73Association of School Nurses, shall develop guidelines for the
74training of school employees in the care of students with
76 (b) District school boards shall annually provide training
77that is commensurate with a school employee's role in the care
78of students with diabetes. Training shall include instruction in
79all of the following:
80 1. Recognizing and treating hyperglycemia and
82 2. Understanding the appropriate actions to take when
83blood glucose levels are outside of the target ranges indicated
84by a student's diabetes medical management plan.
85 3. Understanding prescriber instructions concerning
86diabetes medication drug dosage, frequency, and manner of
88 4. Performing of fingerstick blood glucose checks and
89ketone checks and recording the results.
90 5. Administering insulin and glucagon, an injectable to
91immediately raise blood glucose levels for severe hypoglycemia,
92and recording doses administered.
93 6. Understanding how to perform basic insulin pump
95 7. Recognizing complications that require emergency
97 8. Understanding recommended schedules and food intake for
98meals and snacks, the effect of physical activity upon blood
99glucose levels, and actions to be implemented in the case of
100schedule disruption.
101 9. Understanding and operating continuous glucose
103 (c) The training shall be coordinated by a school nurse
104and provided by a school nurse or other health care professional
105with expertise in diabetes. Such training shall take place prior
106to the commencement of each school year or as needed when a
107student with diabetes is newly enrolled at a school or a student
108is newly diagnosed with diabetes. The school nurse shall provide
109followup training and supervision.
110 (d) Each district school board shall ensure that the
111training is provided to a minimum of three school employees at
112each school attended by a student with diabetes.
113 (e) The school nurse or other qualified health care
114professional shall provide training in the recognition of
115hyperglycemia and hypoglycemia and actions to take in response
116to emergency situations to all bus drivers responsible for the
117transportation of a student with diabetes.
118 (f) School employees shall not be subject to any penalty
119or disciplinary action for refusing to serve as trained diabetes
121 (g) The training guidelines shall be fully developed by
122July 1, 2010, for purposes of training school employees for the
1232010-2011 school year and thereafter.
125student with diabetes who seeks diabetes care while at school
126must submit to the school a diabetes medical management plan
127which, upon receipt, shall be reviewed and implemented by the
130 (a) In accordance with the submission of a student's
131diabetes medical management plan, a school nurse or, in the
132absence of a school nurse, trained diabetes personnel shall
133perform functions, including, but not limited to: responding to
134blood glucose levels that are outside of a student's target
135range; administering glucagon; administering insulin or
136assisting a student in administering insulin through the insulin
137delivery system the student uses; providing oral diabetes
138medication; checking and recording blood glucose levels and
139ketone levels or assisting a student with such checking and
140recording; and following instructions regarding meals, snacks,
141and physical activity.
142 (b) A school nurse or at least one of the trained diabetes
143personnel shall be on site and available to provide care to each
144student with diabetes as set forth in paragraph (a) during
145regular school hours, school-sponsored before-school and after-
146school programs, fields trips, and extracurricular activities
147and on buses when the bus driver has not completed the necessary
149 (c) A district school board may not restrict the
150assignment of a student with diabetes to a particular school
151based on the fact that the student has diabetes, that the school
152does not have a full-time school nurse, or that the school does
153not have trained diabetes personnel.
154 (d) The activities under paragraph (a) shall not
155constitute the practice of nursing and shall be exempted from
156all applicable statutory and regulatory provisions that restrict
157the activities that may be delegated to or performed by a person
158who is not a licensed health care professional.
160request of the parent and authorization by a student's diabetes
161medical management plan, a student with diabetes may perform
162blood glucose checks, administer insulin through the insulin
163delivery system the student uses, treat hyperglycemia and
164hypoglycemia, and otherwise attend to the care and management of
165his or her diabetes in the classroom, in any area of the school
166or school grounds, and at any school-related activity and
167possess on his or her person at all times all necessary supplies
168and equipment to perform these monitoring and treatment
170 (7) IMMUNITY FROM CIVIL LIABILITY.-No physician, nurse,
171school employee, or district school board shall be liable for
172civil damages or be subject to disciplinary action under
173professional health care licensing regulations or school
174disciplinary policies as a result of the activities authorized
175by this section when such acts are committed as an ordinarily
176prudent person would have acted under the same or similar
178 (8) REPORTING.-Each district school board shall report to
179the Department of Education annually, on or before August 15,
180the schools whose enrollment includes students with diabetes and
181provide information showing compliance with this section. These
182reports shall be in compliance with the Family Educational
183Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g.
184 Section 2. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.