Bill Text: NY A04987 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for the care of pupils with diabetes in schools in accordance with a diabetes medical management plan provided by the pupil's parent or guardian and signed by the pupil's physician or health care provider and authorizes for school personnel to volunteer for training to be trained diabetes care personnel in schools who may assist pupils with diabetes in accordance with the pupil's diabetes medical management plan.

Spectrum: Slight Partisan Bill (Democrat 22-8)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A04987 Detail]

Download: New_York-2013-A04987-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4987
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2013
                                      ___________
       Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
         Committee on Education
       AN ACT to amend the education law, in relation to care for  pupils  with
         diabetes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 921 to
    2  read as follows:
    3    S 921. CARE FOR PUPILS WITH DIABETES. 1. EACH  ELEMENTARY,  MIDDLE  OR
    4  SECONDARY SCHOOL SHALL ENSURE THAT ALL PUPILS WHO HAVE BEEN DIAGNOSED BY
    5  A  PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH DIABETES
    6  RECEIVE APPROPRIATE  AND  NEEDED  DIABETES  CARE  AS  SPECIFIED  IN  THE
    7  DIABETES  MEDICAL MANAGEMENT PLAN SUBMITTED BY THE PARENT OR GUARDIAN OF
    8  SUCH PUPILS WITH DIABETES. FOR THE PURPOSES OF THIS  ARTICLE,  "DIABETES
    9  MEDICAL  MANAGEMENT  PLAN"  SHALL MEAN A DOCUMENT DEVELOPED BY A PUPIL'S
   10  PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER  THAT  SETS  OUT
   11  THE HEALTH SERVICES NEEDED BY THE PUPIL WHILE AT SCHOOL AND IS SIGNED BY
   12  THE  PUPIL'S PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER AND
   13  PARENT OR GUARDIAN.
   14    2. UPON WRITTEN REQUEST OF THE PARENT OR GUARDIAN AND AUTHORIZATION BY
   15  THE PUPIL'S DIABETES MEDICAL MANAGEMENT PLAN, EACH ELEMENTARY, MIDDLE OR
   16  SECONDARY SCHOOL SHALL ALLOW  PUPILS  WITH  DIABETES  TO  PERFORM  BLOOD
   17  GLUCOSE  CHECKS,  ADMINISTER INSULIN THROUGH AN INSULIN DELIVERY SYSTEM,
   18  TREAT HYPOGLYCEMIA AND HYPERGLYCEMIA, AND OTHERWISE ATTEND TO  THE  CARE
   19  AND  MANAGEMENT  OF HIS OR HER DIABETES IN THE CLASSROOM, IN ANY AREA OF
   20  THE SCHOOL OR SCHOOL GROUNDS, AND AT ANY SCHOOL-RELATED ACTIVITY, AND TO
   21  POSSESS AT ALL TIMES ALL NECESSARY SUPPLIES  AND  EQUIPMENT  TO  PERFORM
   22  SUCH  FUNCTIONS. PUPILS SHALL HAVE ACCESS TO A PRIVATE AREA FOR PERFORM-
   23  ING DIABETES CARE TASKS IF THE PARENT OR PUPIL REQUESTS ONE.
   24    3. UPON WRITTEN REQUEST OF THE PARENT OR GUARDIAN AND AUTHORIZATION BY
   25  THE PUPIL'S DIABETES MEDICAL  MANAGEMENT  PLAN,  TRAINED  DIABETES  CARE
   26  PERSONNEL,  AS  DEFINED IN SUBDIVISION FOUR OF THIS SECTION, MAY PERFORM
   27  DIABETES CARE FUNCTIONS INCLUDING, BUT  NOT  LIMITED  TO:  CHECKING  AND
   28  RECORDING  BLOOD  GLUCOSE  LEVELS AND KETONE LEVELS OR ASSISTING A PUPIL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08865-01-3
       A. 4987                             2
    1  WITH SUCH CHECKING  AND  RECORDING  SUCH  LEVELS;  RESPONDING  TO  BLOOD
    2  GLUCOSE  LEVELS THAT ARE OUTSIDE THE PUPIL'S TARGET RANGE; ADMINISTERING
    3  GLUCAGON AND OTHER EMERGENCY TREATMENTS,  AS  PRESCRIBED;  ADMINISTERING
    4  INSULIN  OR ASSISTING A PUPIL IN ADMINISTERING INSULIN THROUGH THE INSU-
    5  LIN DELIVERY SYSTEM THE PUPIL USES; PROVIDING ORAL DIABETES MEDICATIONS;
    6  AND FOLLOWING INSTRUCTIONS REGARDING MEALS, SNACKS, AND PHYSICAL  ACTIV-
    7  ITY.
    8    4. FOR THE PURPOSES OF THIS SECTION, "TRAINED DIABETES CARE PERSONNEL"
    9  SHALL  MEAN  SCHOOL  PERSONNEL  WHO  VOLUNTEER TO BE TRAINED IN THE CARE
   10  NEEDED FOR PUPILS WITH DIABETES AND WHO COMPLETE  TRAINING  PURSUANT  TO
   11  SUBDIVISION  FIVE  OF THIS SECTION. TRAINED DIABETES CARE PERSONNEL NEED
   12  NOT  BE  LICENSED  HEALTH  CARE  PROVIDERS.  NOTWITHSTANDING  ANY  OTHER
   13  PROVISION  OF LAW, THE ACTIVITIES OF TRAINED DIABETES CARE PERSONNEL SET
   14  FORTH IN SUBDIVISION THREE OF THIS  SECTION  SHALL  NOT  CONSTITUTE  THE
   15  PRACTICE  OF NURSING AND SHALL BE EXEMPTED FROM ALL APPLICABLE STATUTORY
   16  AND/OR REGULATORY PROVISIONS THAT RESTRICT THE ACTIVITIES  THAT  CAN  BE
   17  PERFORMED  BY  A  PERSON WHO IS NOT A LICENSED HEALTH CARE PROFESSIONAL.
   18  SCHOOL PERSONNEL SHALL NOT BE SUBJECT TO  ANY  PENALTY  OR  DISCIPLINARY
   19  ACTION  FOR  REFUSING  TO  SERVE AS TRAINED DIABETES CARE PERSONNEL, NOR
   20  SHALL A SCHOOL OR  SCHOOL  DISTRICT  DISCOURAGE  SCHOOL  PERSONNEL  FROM
   21  VOLUNTEERING FOR TRAINING.
   22    5.  NO  LATER  THAN ONE HUNDRED EIGHTY DAYS FROM THE EFFECTIVE DATE OF
   23  THIS SECTION, THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER  OF
   24  HEALTH,  SHALL  PROMULGATE  FINAL  REGULATIONS  WITH  THE GUIDELINES FOR
   25  TRAINING SCHOOL PERSONNEL IN THE CARE NEEDED FOR PUPILS  WITH  DIABETES.
   26  THE  GUIDELINES  SHALL  BE  DEVELOPED  IN  CONSULTATION  WITH  STATE AND
   27  NATIONALLY RECOGNIZED ORGANIZATIONS WITH EXPERTISE IN THE CARE OF PEOPLE
   28  WITH DIABETES AND IN THE TRAINING THEREOF INCLUDING, BUT NOT LIMITED TO,
   29  THE AMERICAN DIABETES ASSOCIATION, THE AMERICAN ASSOCIATION OF  DIABETES
   30  EDUCATORS,  AND  THE  NEW  YORK  STATE ASSOCIATION OF SCHOOL NURSES. THE
   31  TRAINING SHALL BE COORDINATED BY THE SCHOOL PRINCIPAL OR THE PRINCIPAL'S
   32  DESIGNEE, AND SHALL  BE  PROVIDED  BY  A  SCHOOL  NURSE  AND/OR  ANOTHER
   33  LICENSED  HEALTH  CARE PROFESSIONAL WITH EXPERTISE IN DIABETES. NOTWITH-
   34  STANDING ANY OTHER PROVISION OF LAW, IT SHALL BE LAWFUL FOR  A  LICENSED
   35  HEALTH  CARE PROFESSIONAL TO PROVIDE TRAINING TO SCHOOL PERSONNEL IN THE
   36  ACTIVITIES SET FORTH IN SUBDIVISION THREE OF THIS SECTION OR  TO  SUPER-
   37  VISE SUCH SCHOOL PERSONNEL IN PERFORMING THESE TASKS.
   38    6.  NO  LICENSED HEALTH CARE PROFESSIONAL OR SCHOOL PERSONNEL SHALL BE
   39  SUBJECT TO DISCIPLINARY ACTION UNDER PROFESSIONAL LICENSING  REGULATIONS
   40  OR  SCHOOL DISCIPLINARY POLICIES AS A RESULT OF TRAINING AND PERFORMANCE
   41  OF DIABETES CARE TASKS BY TRAINED DIABETES PERSONNEL AUTHORIZED BY  THIS
   42  LEGISLATION.  A  LICENSED  HEALTH CARE PROFESSIONAL, SCHOOL PERSONNEL OR
   43  ELEMENTARY, MIDDLE OR SECONDARY SCHOOL SHALL BE PROTECTED FROM LIABILITY
   44  FOR CIVIL DAMAGES AS PROVIDED IN SECTION THREE THOUSAND-A OF THE  PUBLIC
   45  HEALTH LAW WHEN PERFORMING THE ACTIVITIES DESCRIBED BY THIS SECTION.
   46    7.  AN  ELEMENTARY,  MIDDLE OR SECONDARY SCHOOL OR SCHOOL DISTRICT MAY
   47  NOT RESTRICT A STUDENT WHO HAS DIABETES FROM ATTENDING ANY SCHOOL ON THE
   48  BASIS THAT THE STUDENT HAS DIABETES, THAT THE SCHOOL  DOES  NOT  HAVE  A
   49  FULL-TIME  SCHOOL  NURSE,  OR  THAT  THE  SCHOOL  DOES  NOT HAVE TRAINED
   50  DIABETES CARE PERSONNEL.
   51    S 2. This act shall take effect on the three hundred  sixty-fifth  day
   52  after  it  shall  have  become  a law; provided, however, that effective
   53  immediately, the commissioner of education may promulgate any  rules  or
   54  regulations  necessary  for  the timely implementation of this act on or
   55  after such effective date.