TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-45 SO AS TO ALLOW VOLUNTEER SCHOOL PERSONNEL WHO HAVE BEEN TRAINED BY A REGISTERED NURSE TO ADMINISTER GLUCAGON, INSULIN, OR BOTH TO CERTAIN STUDENTS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 33, Title 40 of the 1976 Code is amended by adding:

    "Section 40-33-45.    (A)    Nothing in this chapter prohibits the administration of glucagon, insulin, or both to a student who is diagnosed with diabetes by trained volunteer school personnel designated as care providers in a health plan that covers diabetes management and is based on the orders of a treating physician, who have been trained by a licensed registered nurse employed by a school district or other health care professional to administer glucagon, insulin, or both to a child with diabetes in an emergency situation.

    (B)(1)    A licensed registered nurse employed by a school district or other health care professional annually shall train volunteer school personnel designated as care providers in a health plan of a student submitted pursuant to subsection (A) to administer glucagon, insulin, or both to a student with diabetes.

        (2)    If a parent or guardian of a student with diabetes chooses to have care provided by a care provider, the parent or guardian of a student with diabetes shall sign an authorization to allow the administration of glucagon, insulin, or both to the student by volunteer school personnel designated as care providers who must be incorporated into the health plan of a student submitted pursuant to subsection (A).

        (3)    The school district shall maintain a copy of the health plan provided pursuant to subsection (A), a list of volunteer school personnel who are designated as care providers and trained to administer glucagon, insulin, or both and a copy of the parent's or guardian's signed authorization.

        (4)    The health plan provided pursuant to subsection (A) may be incorporated into a student's 504 Plan or may be a separate health plan addressing diabetes management.

    (C)(1)    A school district shall strive to achieve the following staffing ratios for students with diabetes at each public school, at least:

            (a)    one care provider for a public school with one full-time licensed registered nurse; and

            (b)    three care providers for a public school without one full-time licensed registered nurse.

        (2)    The school district may recruit and identify public school personnel to serve as care providers to administer glucagon, insulin, or both when a licensed registered nurse is not available.

        (3)    A school district shall not require or pressure a parent or guardian of a student with diabetes to provide diabetes care at school or a school-related activity.

    (D)    A school district, school district employee, or an agent of a school district, including a health care professional who trained volunteer school personnel designated as care providers and a care provider, are not liable for any damages resulting from actions or inactions taken in good faith pursuant to this section.

    (E)    The South Carolina Board of Nursing and the State Board of Education shall promulgate regulations necessary to implement and administer this section."

SECTION    2.    This act takes effect upon approval by the Governor.