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Public Act 096-1485


 

Public Act 1485 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1485
 
HB6065 EnrolledLRB096 20790 MJR 36544 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Care
of Students with Diabetes Act.
 
    Section 5. Legislative findings. The General Assembly
finds the following:
        (1) Diabetes is a serious chronic disease in which the
    pancreas does not make insulin (Type 1) or the body cannot
    use insulin properly (Type 2).
        (2) Diabetes must be managed 24 hours a day to avoid
    the potentially life-threatening, short-term consequences
    of low blood sugar and prevent or delay the serious
    complications caused by blood sugar levels that are too
    high for too long, such as atherosclerosis, coronary artery
    disease, peripheral vascular disease, hypertension,
    blindness, kidney failure, amputation, and stroke.
        (3) Federal law affords people with diabetes specific
    rights and protections. These laws include Section 504 of
    the Rehabilitation Act of 1973, the Individuals with
    Disabilities Education Improvement Act of 2004, and the
    Americans with Disabilities Act of 1990, and the ADA
    Amendments Act of 2008.
        (4) Federal laws enforced consistently in schools
    provide students with diabetes equal educational
    opportunities and a healthy and safe environment.
        (5) A school nurse is the most appropriate person in a
    school setting to provide for all students' healthcare
    needs; however, a school nurse may not be available when
    needed, and many schools do not have a full-time nurse.
        (6) Many students are capable of checking their blood
    glucose levels, calculating a carbohydrate-to-insulin
    ratio, and administering insulin independently. Allowing
    capable students to manage diabetes independently in
    school is consistent with the recommendations of pediatric
    endocrinologists and certified diabetes educators and
    other specialists.
        (7) Because appropriate and consistent diabetes care
    decreases the risks of serious short-term and long-term
    complications, increases a student's learning
    opportunities, and promotes individual and public health
    benefits, the General Assembly deems it in the public
    interest to enact this Act.
 
    Section 10. Definitions. As used in this Act:
    "Delegated care aide" means a school employee who has
agreed to receive training in diabetes care and to assist
students in implementing their diabetes care plan and has
entered into an agreement with a parent or guardian and the
school district or private school.
    "Diabetes care plan" means a document that specifies the
diabetes-related services needed by a student at school and at
school-sponsored activities and identifies the appropriate
staff to provide and supervise these services.
    "Health care provider" means a physician licensed to
practice medicine in all of its branches, advanced practice
nurse who has a written agreement with a collaborating
physician who authorizes the provision of diabetes care, or a
physician assistant who has a written supervision agreement
with a supervising physician who authorizes the provision of
diabetes care.
    "Principal" means the principal of the school.
    "School" means any primary or secondary public, charter, or
private school located in this State.
    "School employee" means a person who is employed by a
public school district or private school, a person who is
employed by a local health department and assigned to a school,
or a person who contracts with a school or school district to
perform services in connection with a student's diabetes care
plan. This definition must not be interpreted as requiring a
school district or private school to hire additional personnel
for the sole purpose of serving as a designated care aide.
 
    Section 15. Diabetes care plan.
    (a) A diabetes care plan shall serve as the basis of a
student's Section 504 plan (29 U.S.C. Sec. 794) and shall be
signed by a student's parent or guardian and submitted to the
school for any student with diabetes who seeks assistance with
diabetes care in the school setting, unless the student has
been managing his or her diabetes care in the school setting
before the effective date of this Act, in which case the
student's parent or guardian may sign and submit a diabetes
care plan under this Act. It is the responsibility of the
student's parent or guardian to share the health care
provider's instructions concerning the student's diabetes
management during the school day. The diabetes care plan shall
include the treating health care provider's instructions
concerning the student's diabetes management during the school
day, including a copy of the signed prescription and the
methods of insulin administration.
    (b) The services and accommodations specified in a diabetes
care plan shall be reasonable, reflect the current standard of
diabetes care, include appropriate safeguards to ensure that
syringes and lancets are disposed of properly, and include
requirements for diet, glucose testing, insulin
administration, and treatment for hypoglycemia, hyperglycemia,
and emergency situations.
    (c) A diabetes care plan shall include a uniform record of
glucometer readings and insulin administered by the school
nurse or delegated care aide during the school day using a
standardized format provided by the State Board of Education.
    (d) A diabetes care plan shall include procedures regarding
when a delegated care aide shall consult with the parent or
guardian, school nurse, where available, or health care
provider to confirm that an insulin dosage is appropriate.
    (e) A diabetes care plan shall be submitted to the school
at the beginning of the school year; upon enrollment, as soon
as practical following a student's diagnosis; or when a
student's care needs change during the school year. Parents
shall be responsible for informing the school in a timely
manner of any changes to the diabetes care plan and their
emergency contact numbers.
 
    Section 20. Delegated care aides.
    (a) Delegated care aides shall perform the duties necessary
to assist a student with diabetes in accordance with his or her
diabetes care plan and in compliance with any guidelines
provided during training under Section 25 of this Act.
    (b) In accordance with the diabetes care plan or when an
unexpected snack or meal requires a dose of insulin not
anticipated by a student's diabetes care plan, the delegated
care aide shall consult with the parent or guardian, school
nurse, where available, or health care provider to confirm that
the insulin dosage is appropriate given the number of
carbohydrates to be taken and the student's blood glucose level
as determined by a glucometer reading.
    (c) The principal shall facilitate compliance with the
provisions of a diabetes care plan.
    (d) Delegated care aides are authorized to provide
assistance by a student's parents or guardian and the school
district or private school.
 
    Section 25. Training for school employees and delegated
care aides.
    (a) In schools that have a student with diabetes, all
school employees shall receive training in the basics of
diabetes care, how to identify when a student with diabetes
needs immediate or emergency medical attention, and whom to
contact in the case of an emergency during a regular in-service
training as provided for by Section 10-22.39 of the School
Code.
    (b) Delegated care aides shall be trained to perform the
tasks necessary to assist a student with diabetes in accordance
with his or her diabetes care plan, including training to do
the following:
        (1) check blood glucose and record results;
        (2) recognize and respond to the symptoms of
    hypoglycemia according to the diabetes care plan;
        (3) recognize and respond to the symptoms of
    hyperglycemia according to the diabetes care plan;
        (4) estimate the number of carbohydrates in a snack or
    lunch;
        (5) administer insulin according to the student's
    diabetes care plan and keep a record of the amount
    administered; and
        (6) respond in an emergency, including how to
    administer glucagon and call 911.
    (c) The school district shall coordinate staff training.
    (d) Initial training shall be provided by a licensed
healthcare provider with expertise in diabetes or a certified
diabetic educator and individualized by a student's parent or
guardian. Training must be consistent with the guidelines
provided by the U.S. Department of Health and Human Services in
the guide for school personnel entitled "Helping the Student
with Diabetes Succeed". The training shall be updated when the
diabetes care plan is changed and at least annually.
    (e) School nurses, where available, or health care
providers may provide technical assistance or consultation or
both to delegated care aides.
    (f) An information sheet shall be provided to any school
employee who transports a student for school-sponsored
activities. It shall identify the student with diabetes,
identify potential emergencies that may occur as a result of
the student's diabetes and the appropriate responses to such
emergencies, and provide emergency contact information.
 
    Section 30. Self-management. Provided that the student is
authorized according to his or her diabetes care plan, a
student shall be permitted to do the following:
        (1) check blood glucose when and wherever needed;
        (2) administer insulin with the insulin delivery
    system used by the student;
        (3) treat hypoglycemia and hyperglycemia and otherwise
    attend to the care and management of his or her diabetes in
    the classroom, in any area of the school or school grounds
    and at any school-related activity or event in accordance
    with the diabetes care plan; and
        (4) possess on his or her person, at all times, the
    supplies and equipment necessary to monitor and treat
    diabetes, including, but not limited to, glucometers,
    lancets, test strips, insulin, syringes, insulin pens and
    needle tips, insulin pumps, infusion sets, alcohol swabs, a
    glucagon injection kit, glucose tablets, and food and
    drink, in accordance with the diabetes care plan.
 
    Section 35. Restricting access to school prohibited. A
school district shall not restrict the assignment of a student
with diabetes to a particular school on the basis that the
school does not have a full-time school nurse, nor shall a
school deny a student access to any school or school-related
activities on the basis that a student has diabetes.
 
    Section 40. Protections against retaliation. A school
employee shall not be subject to any penalty, sanction,
reprimand, discharge, demotion, denial of a promotion,
withdrawal of benefits, or other disciplinary action for
choosing not to agree to serve as a delegated care aide.
 
    Section 45. Civil immunity.
    (a) A school or a school employee is not liable for civil
or other damages as a result of conduct, other than willful or
wanton misconduct, related to the care of a student with
diabetes.
    (b) A school employee shall not be subject to any
disciplinary proceeding resulting from an action taken in
compliance with this Act, unless the action constitutes willful
or wanton misconduct.
 
    Section 50. Federal law. Nothing in this Act shall limit
any rights available under federal law.
 
    Section 95. The State Mandates Act is amended by adding
Section 8.34 as follows:
 
    (30 ILCS 805/8.34 new)
    Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 96th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/1/2010