Bill Text: FL S0896 | 2010 | Regular Session | Comm Sub

---

Bill Title: Treatment of Diabetes [SPSC]

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Introduced - Dead) 2010-04-23 - Placed on Special Order Calendar; Read 2nd time -SJ 00792; Amendment(s) adopted (244252, 193452) -SJ 00792; Substituted CS/CS/HB 747 -SJ 00792; Laid on Table, companion bill(s) passed, see CS/CS/HB 747 (Ch. 2010-57) -SJ 00792 [S0896 Detail]

Download: Florida-2010-S0896-Comm_Sub.html

---

 
       Florida Senate - 2010                       CS for CS for SB 896 
        
       By the Committees on Education Pre-K - 12 Appropriations; and 
       Health Regulation; and Senators Peaden, Jones, Fasano, Sobel, 
       Lawson, Detert, Storms, and Wilson 
       602-05186-10                                           2010896c2 
    1                        A bill to be entitled                       
    2         An act relating to the treatment of diabetes; amending 
    3         s. 385.203, F.S.; revising the membership of the 
    4         Diabetes Advisory Council; amending s. 1002.20, F.S.; 
    5         prohibiting school districts from restricting the 
    6         assignment of diabetic students to certain schools for 
    7         certain reasons; authorizing a student to manage 
    8         diabetes while at school, at school-sponsored 
    9         activities, or in transit to or from school or school 
   10         sponsored activities with written authorization from 
   11         the parent and physician; requiring the State Board of 
   12         Education to adopt rules; providing for 
   13         indemnification of specified employees, volunteers, 
   14         and entities; providing an effective date. 
   15   
   16  Be It Enacted by the Legislature of the State of Florida: 
   17   
   18         Section 1. Subsection (3) of section 385.203, Florida 
   19  Statutes, is amended to read: 
   20         385.203 Diabetes Advisory Council; creation; function; 
   21  membership.— 
   22         (3) The council shall be composed of 26 25 citizens of the 
   23  state who have knowledge of, or work in, the area of diabetes 
   24  mellitus as follows: 
   25         (a) Five interested citizens, three of whom are affected by 
   26  diabetes. 
   27         (b) Twenty-one Twenty members, who must include one 
   28  representative from each of the following areas: nursing with 
   29  diabetes-educator certification; dietary with diabetes educator 
   30  certification; podiatry; ophthalmology or optometry; psychology; 
   31  pharmacy; adult endocrinology; pediatric endocrinology; the 
   32  American Diabetes Association (ADA); the Juvenile Diabetes 
   33  Foundation (JDF); the Florida Academy of Family Physicians; a 
   34  community health center; a county health department; an American 
   35  Diabetes Association recognized community education program; 
   36  each medical school in the state; an osteopathic medical school; 
   37  the insurance industry; a Children’s Medical Services diabetes 
   38  regional program; and an employer. 
   39         (c) One or more representatives from the Department of 
   40  Health, who shall serve on the council as ex officio members. 
   41         Section 2. Paragraph (j) is added to subsection (3) of 
   42  section 1002.20, Florida Statutes, to read: 
   43         1002.20 K-12 student and parent rights.—Parents of public 
   44  school students must receive accurate and timely information 
   45  regarding their child’s academic progress and must be informed 
   46  of ways they can help their child to succeed in school. K-12 
   47  students and their parents are afforded numerous statutory 
   48  rights including, but not limited to, the following: 
   49         (3) HEALTH ISSUES.— 
   50         (j) Diabetes management.—A school district shall not 
   51  restrict the assignment of a student who has diabetes to a 
   52  particular school on the basis that the student has diabetes, 
   53  that the school does not have a full-time school nurse, or that 
   54  the school does not have trained diabetes personnel. Diabetic 
   55  students whose parent and physician provide their written 
   56  authorization to the school principal may carry diabetic 
   57  supplies and equipment on their person and attend to the 
   58  management and care of their diabetes while in school, 
   59  participating in school-sponsored activities, or in transit to 
   60  or from school or school-sponsored activities to the extent 
   61  authorized by the parent and physician and within the parameters 
   62  set forth by State Board of Education rule. The written 
   63  authorization shall identify the diabetic supplies and equipment 
   64  that the student is authorized to carry and shall describe the 
   65  activities the child is capable of performing without 
   66  assistance, such as performing blood-glucose level checks and 
   67  urine ketone testing, administering insulin through the insulin 
   68  delivery system used by the student, and treating hypoglycemia 
   69  and hyperglycemia. The State Board of Education, in cooperation 
   70  with the Department of Health, shall adopt rules to ensure that 
   71  every school in which a student with diabetes is enrolled has 
   72  personnel trained in routine and emergency diabetes care. The 
   73  State Board of Education, in cooperation with the Department of 
   74  Health, shall also adopt rules for the management and care of 
   75  diabetes by students in schools which include provisions to 
   76  protect the safety of all students from the misuse or abuse of 
   77  diabetic supplies or equipment. A school district, county health 
   78  department, and public-private partner, and the employees and 
   79  volunteers of those entities, shall be indemnified by the parent 
   80  of a student authorized to carry diabetic supplies or equipment 
   81  for any and all liability with respect to the student’s use of 
   82  such supplies and equipment pursuant to this paragraph. 
   83         Section 3. This act shall take effect July 1, 2010.