OKLAHOMA STATUTES TITLE 70. SCHOOLS DIVISION III. OTHER SCHOOL LAWS CHAPTER 15. HEALTH AND SAFETY DIABETES MANAGEMENT IN SCHOOLS ACT
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1 OKLAHOMA STATUTES TITLE 70. SCHOOLS DIVISION III. OTHER SCHOOL LAWS CHAPTER 15. HEALTH AND SAFETY DIABETES MANAGEMENT IN SCHOOLS ACT Short title Sections 3 through 9 of this act shall be known and may be cited as the "Diabetes Management in Schools Act" Definitions As used in the Diabetes Management in Schools Act: 1. "Diabetes medical management plan" means a document developed by the personal health care team of a student that sets out the health services that may be needed by the student at school and is signed by the personal health care team and the parent or guardian of the student; 2. "School" means a public elementary or secondary school. The term shall not include a charter school established pursuant to Section of Title 70 of the Oklahoma Statutes; 3. "School nurse" means a certified school nurse as defined in Section of Title 70 of the Oklahoma Statutes, a registered nurse contracting with the school to provide school health services, or a public health nurse; and 4. "Volunteer diabetes care assistant" means a school employee who has volunteered to be a diabetes care assistant and who has successfully completed the training required by Section 6 of this act Diabetes medical management plan A diabetes medical management plan shall be developed for each student with diabetes who will seek care for diabetes while at school or while participating in a school activity. The plan shall be developed by the personal health care team of each student. The personal health care team shall consist of the principal or designee of the principal, the school nurse, if a school nurse is assigned to the school, the parent or guardian of the
2 student, and to the extent practicable, the physician responsible for the diabetes treatment of the student School nurse to administer management plan--volunteer diabetes care assistant--refusal to serve as assistant A. The school nurse at each school in which a student with diabetes is enrolled shall assist the student with the management of their diabetes care as provided for in the diabetes medical management plan for the student. B. If a school does not have a school nurse assigned to the school, the principal shall make an effort to seek school employees who may or may not be health care professionals to serve as volunteer diabetes care assistants to assist the student with the management of their diabetes care as provided for in the diabetes medical management plan for the student. C. Each school in which a student with diabetes is enrolled shall make an effort to ensure that a school nurse or a volunteer diabetes care assistant is available at the school to assist the diabetic student when needed. D. A school employee shall not be subject to any penalty or disciplinary action for refusing to serve as a volunteer diabetes care assistant. E. A school district shall not restrict the assignment of a student with diabetes to a particular school site based on the presence of a school nurse, contract school employee, or a volunteer diabetes care assistant. F. Each school nurse and volunteer diabetes care assistant shall at all times have access to a physician Volunteer diabetes care assistants training A. The State Department of Health shall develop guidelines, with the assistance of the following entities, for the training of volunteer diabetes care assistants: 1. Oklahoma School Nurses Association; 2. The American Diabetes Association; 3. The Juvenile Diabetes Research Foundation International; 4. The Oklahoma Nurses Association;
3 5. The State Department of Education; 6. Oklahoma Board of Nursing; 7. Oklahoma Dietetic Association; and 8. Cooperative Council of School Administrators. B. A school nurse or State Department of Health designee with training in diabetes shall coordinate the training of volunteer diabetes care assistants. C. The training shall include instruction in: 1. Recognizing the symptoms of hypoglycemia and hyperglycemia; 2. Understanding the proper action to take if the blood glucose levels of a student with diabetes are outside the target ranges indicated by the diabetes medical management plan for the student; 3. Understanding the details of the diabetes medical management plan of each student assigned to a volunteer diabetes care assistant; 4. Performing finger sticks to check blood glucose levels, checking urine ketone levels, and recording the results of those checks; 5. Properly administering insulin and glucagon and recording the results of the administration; 6. Recognizing complications that require seeking emergency assistance; and 7. Understanding the recommended schedules and food intake for meals and snacks for a student with diabetes, the effect of physical activity on blood glucose levels, and the proper actions to be taken if the schedule of a student is disrupted. D. The volunteer diabetes care assistant shall annually demonstrate competency in the training required by subsection C of this section. E. The school nurse, the principal, or a designee of the principal shall maintain a copy of the training guidelines and any records associated with the training Student information sheet--privacy policies A. Each school district shall provide, with the permission of the parent, to each school
4 employee who is responsible for providing transportation for a student with diabetes or supervising a student with diabetes an information sheet that: 1. Identifies the student who has diabetes; 2. Identifies potential emergencies that may occur as a result of the diabetes of the student and the appropriate responses to emergencies; and 3. Provides the telephone number of a contact person in case of an emergency involving the student with diabetes. B. The school employee provided information as set forth in this section shall be informed of all health privacy policies Student management of diabetes at school--designated private area A. In accordance with the diabetes medical management plan of a student, a school shall permit the student to attend to the management and care of the diabetes of the student, which may include: 1. Performing blood glucose level checks; 2. Administering insulin through the insulin delivery system used by the student; 3. Treating hypoglycemia and hyperglycemia; 4. Possessing on the person of the student at any time any supplies or equipment necessary to monitor and care for the diabetes of the student; and 5. Otherwise attending to the management and care of the diabetes of the student in the classroom, in any area of the school or school grounds, or at any school-related activity. B. Each school shall provide a private area where the student may attend to the management and care of the student's diabetes Employee immunity from liability--nurse not responsible for acts of assistant care assistant A. A school employee may not be subject to any disciplinary proceeding resulting from an action taken in compliance with the Diabetes Management in Schools Act. Any employee acting in accordance with the provisions of the act shall be immune from civil liability unless the actions of the employee rise to a level of reckless or intentional
5 misconduct. B. A school nurse shall not be responsible for and shall not be subject to disciplinary action for actions performed by a volunteer diabetes care assistant.
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