February 2, 2005, Introduced by Reps. Condino, Tobocman, Kathleen Law, Plakas, Bieda, Lipsey, Vagnozzi, Gleason, Sak, Clack, Accavitti, Wojno, Brown, Cheeks, Hunter, Lemmons, Jr., Anderson, Hood, Murphy, Zelenko and Meisner and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1180.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1180. (1) Not later than 1 year after the effective date
of this section, the department of community health shall develop
guidelines for the training of school employees in the care needed
for students with diabetes. All of the following apply to these
guidelines and training:
(a) The guidelines shall be developed in consultation with the
American diabetes association, the Michigan association of school
nurses, and other organizations considered appropriate by the
department of community health.
(b) The guidelines shall provide for annual training by a
licensed health care professional with expertise in diabetes.
(c) The training shall include instruction in at least all of
the following:
(i) Recognition and treatment of hypoglycemia and
hyperglycemia.
(ii) Understanding the appropriate actions to be taken when
blood glucose levels are outside the target ranges indicated by the
student's individual health care plan.
(iii) Understanding physician instructions concerning diabetes
medication drug dosage, frequency, and manner of administration.
(iv) Performance of finger-stick blood glucose checking and
ketone checking and recording the results.
(v) Administration of insulin and recording of results.
(vi) Recommended schedules and food intake for meals and
snacks, the effect of physical activity on blood glucose levels,
and actions to be taken in case of schedule disruption.
(d) The department of community health shall designate 1 or
more contact persons for schools and shall have a contact person
available to trained diabetes personnel by telephone or in person
to provide additional or updated training as required due to
changes in a student's condition or updated information.
(2) If a student with diabetes is enrolled in a school
district, intermediate school district, public school academy, or
nonpublic school and the student's parent or legal guardian has
submitted an individual health care plan to school officials as
provided under subsection (3), the board of the school district or
intermediate school district, board of directors of the public
school academy, or governing body of the nonpublic school shall
ensure that the training described in subsection (1) is provided to
at least 2 school employees who work in each school the student
attends. The training shall take place before the beginning of each
school year in which the student is expected to attend the school
or, if a student with diabetes enrolls in the school during the
school year or a student attending the school is newly diagnosed
with diabetes during the school year and the training has not
already occurred for that school year, as soon as possible after
the student's enrollment or diagnosis and submission of the
student's individual health care plan.
(3) For a student with diabetes and the student's school to be
subject to this section, the student's parent or legal guardian
shall submit an individual health care plan for the student to
school officials before the beginning of each school year or upon
enrollment of the student or diagnosis of the student with
diabetes. The individual health care plan shall be developed by a
personal health care team for the student that includes a licensed
physician. If an individual health care plan has been submitted for
a student with diabetes, all of the following apply to that
student:
(a) The training described in subsection (2) shall be provided
to school personnel.
(b) In accordance with the request of the student's parent or
legal guardian and with the individual health care plan, trained
diabetes personnel shall perform functions related to management of
the student's diabetes, including, but not limited to, some or all
of the following:
(i) Responding to blood glucose levels that are outside of the
student's target range.
(ii) Administering insulin or assisting the student in
administering insulin using the insulin delivery system the student
uses.
(iii) Providing oral diabetes medications.
(iv) Checking and recording blood glucose levels and ketone
levels or assisting the student with this checking and recording.
(v) Following instructions regarding meals, snacks, and
physical activity.
(c) At least 1 of the trained diabetes personnel shall be
present and available to provide the care described in subdivision
(a) to the student at all times during regular school hours and
during school-sponsored before-school or after-school care programs
and extracurricular activities.
(d) If the student leaves school on a school-sponsored field
trip, trained diabetes personnel shall be available by telephone or
other electronic communication device at all times during the field
trip.
(e) Trained diabetes personnel shall be present at each school
in which the student is enrolled. A student's rights concerning
school choice shall not be restricted in any way because the
student has diabetes.
(f) Upon written request of the student's parent or legal
guardian and authorization by the student's individual health care
plan, school officials shall permit the student to perform blood
glucose checks, administer insulin to himself or herself using the
insulin delivery system he or she uses, treat hypoglycemia or
hyperglycemia he or she experiences, and otherwise attend to the
care and management of his or her diabetes in the classroom or any
other area of the school or school grounds and at any school-
related activity, and to possess on his or her person at all times
all necessary supplies and equipment to perform these care and
management functions.
(4) A school nurse is the preferred diabetes care provider for
a student with diabetes, but trained diabetes personnel are not
required by this section to be licensed health care professionals.
If a school nurse is assigned to a school, the school nurse shall
coordinate the provision of diabetes care at that school under this
section and shall serve as the lead trained diabetes personnel.
(5) A school employee, school district, public school academy,
nonpublic school, or member of a school board, public school
academy board of directors, or nonpublic school governing body is
not liable for damages in a civil action for injury, death, or loss
to person or property allegedly arising from a student not
receiving diabetes care or being prohibited by an employee of the
school or school district from engaging in diabetes care or
management for himself or herself because of the employee's
reasonable belief formed after a reasonable and ordinary inquiry
that the conditions prescribed in subsection (3) had not been
satisfied. A school employee, school district, public school
academy, nonpublic school, or member of a school board, public
school academy board of directors, or nonpublic school governing
body is not liable for damages in a civil action for injury, death,
or loss to person or property allegedly arising from a pupil
receiving diabetes care or being permitted by an employee of the
school or school district to engage in diabetes care and management
for himself or herself because of the employee's reasonable belief
formed after a reasonable and ordinary inquiry that the conditions
prescribed in subsection (3) had been satisfied. This subsection
does not eliminate, limit, or reduce any other immunity or defense
that a school employee, school district, public school academy,
nonpublic school, or member of a school board, public school
academy board of directors, or nonpublic school governing body may
have under section 1178 or other state law.
(6) As used in this section:
(a) "Individual health care plan" means a document developed
by the parent or legal guardian of a student with diabetes and the
student's personal health care team that sets out the health
services needed by the student at school and that is signed by at
least the parent or legal guardian and the licensed physician who
is part of the student's personal health care team.
(b) "Licensed health care professional" means a physician,
nurse, or physician's assistant licensed under article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(c) "School" means any public or nonpublic school that
operates any of grades K to 12.
(d) "School employee" means any person employed by or under
contract with a school district, intermediate school district,
public school academy, or nonpublic school or any person employed
by or under contract with a local health department who is assigned
to a school, or any subcontractor designated for this function.
(e) "Trained diabetes personnel" means a school employee
trained in accordance with this section.