CS/CS/HB 747
A bill to be entitled
2An act relating to the treatment of diabetes; amending s.
3385.203, F.S.; revising the Diabetes Advisory Council
4membership; amending s. 1002.20, F.S.; prohibiting school
5districts from restricting the assignment of diabetic
6students to certain schools for certain reasons;
7authorizing a student to manage diabetes while at school,
8at school-sponsored activities, or in transit to or from
9school or school-sponsored activities with written
10authorization from the parent and physician; requiring the
11State Board of Education to adopt rules; providing for
12indemnification of specified employees, volunteers, and
13entities; providing an effective date.
15Be It Enacted by the Legislature of the State of Florida:
17 Section 1. Subsection (3) of section 385.203, Florida
18Statutes, is amended to read:
19 385.203 Diabetes Advisory Council; creation; function;
21 (3) The council shall be composed of 26 25 citizens of the
22state who have knowledge of, or work in, the area of diabetes
23mellitus as follows:
24 (a) Five interested citizens, three of whom are affected
25by diabetes.
26 (b) Twenty-one Twenty members, who must include one
27representative from each of the following areas: nursing with
28diabetes-educator certification; dietary with diabetes educator
29certification; podiatry; ophthalmology or optometry; psychology;
30pharmacy; adult endocrinology; pediatric endocrinology; the
31American Diabetes Association (ADA); the Juvenile Diabetes
32Foundation (JDF); the Florida Academy of Family Physicians; a
33community health center; a county health department; an American
34Diabetes Association recognized community education program;
35each medical school in the state; an osteopathic medical school;
36the insurance industry; a Children's Medical Services diabetes
37regional program; and an employer.
38 (c) One or more representatives from the Department of
39Health, who shall serve on the council as ex officio members.
40 Section 2. Paragraph (j) is added to subsection (3) of
41section 1002.20, Florida Statutes, to read:
42 1002.20 K-12 student and parent rights.-Parents of public
43school students must receive accurate and timely information
44regarding their child's academic progress and must be informed
45of ways they can help their child to succeed in school. K-12
46students and their parents are afforded numerous statutory
47rights including, but not limited to, the following:
49 (j) Diabetes management.-A school district may not
50restrict the assignment of a student who has diabetes to a
51particular school on the basis that the student has diabetes,
52that the school does not have a full-time school nurse, or that
53the school does not have trained diabetes personnel. Diabetic
54students whose parent and physician provide their written
55authorization to the school principal may carry diabetic
56supplies and equipment on their person and attend to the
57management and care of their diabetes while in school,
58participating in school-sponsored activities, or in transit to
59or from school or school-sponsored activities to the extent
60authorized by the parent and physician and within the parameters
61set forth by State Board of Education rule. The written
62authorization shall identify the diabetic supplies and equipment
63that the student is authorized to carry and shall describe the
64activities the child is capable of performing without
65assistance, such as performing blood-glucose level checks and
66urine ketone testing, administering insulin through the insulin-
67delivery system used by the student, and treating hypoglycemia
68and hyperglycemia. The State Board of Education, in cooperation
69with the Department of Health, shall adopt rules to encourage
70every school in which a student with diabetes is enrolled to
71have personnel trained in routine and emergency diabetes care.
72The State Board of Education, in cooperation with the Department
73of Health, shall also adopt rules for the management and care of
74diabetes by students in schools that include provisions to
75protect the safety of all students from the misuse or abuse of
76diabetic supplies or equipment. A school district, county health
77department, and public-private partner, and the employees and
78volunteers of those entities, shall be indemnified by the parent
79of a student authorized to carry diabetic supplies or equipment
80for any and all liability with respect to the student's use of
81such 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.