HB0822 101ST GENERAL ASSEMBLY

LRB101 06850 AXK 51881 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0822

Introduced , by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:

105 ILCS 145/10
105 ILCS 145/20
105 ILCS 145/25
105 ILCS 145/27 new

Amends the Care of Students with Diabetes Act. Provides that a school may maintain a supply of glucagon medication in any secure location that is accessible before, during, or after school where a student is most at risk, including, but not limited to, a classroom or the nurse's office; defines "glucagon medication" and "undesignated glucagon medication". Provides that a physician, a physician assistant who has prescriptive authority, or an advanced practice registered nurse who has prescriptive authority may prescribe undesignated glucagon medication in the name of the school to be maintained for use when necessary. Allows a delegated care aide to carry undesignated glucagon medication. Provides that within 24 hours after the administration of undesignated glucagon medication, a school must notify the school nurse and the student's parent or guardian or emergency contact, if known, and health care provider of its use. Effective immediately.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Care of Students with Diabetes Act is amended by changing Sections 10, 20, and 25 and by adding Section 27 as follows:

(105 ILCS 145/10)

Sec. 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.

"Glucagon medication" means any medication used to treat low blood sugar that contains the hormone glucagon.

"Health care provider" means a physician licensed to practice medicine in all of its branches, advanced practice registered 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.

"Undesignated glucagon medication" means glucagon medication prescribed in the name of a school.

(Source: P.A. 100-513, eff. 1-1-18.)

(105 ILCS 145/20)

Sec. 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. A delegated care aide may carry undesignated glucagon medication on his or her person while in school or at a school-sponsored activity.

(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.

(Source: P.A. 96-1485, eff. 12-1-10.)

(105 ILCS 145/25)

Sec. 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 regular inservice training under Section 3-11 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 administering how to administer glucagon medication and calling call 911.

(c) The school district shall coordinate staff training.

(d) Initial training of a delegated care aide 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.

(Source: P.A. 96-1485, eff. 12-1-10; 97-559, eff. 8-25-11.)

(105 ILCS 145/27 new)

Sec. 27. Glucagon medication. A school may maintain a supply of glucagon medication in any secure location that is accessible before, during, or after school where a student is most at risk, including, but not limited to, a classroom or the nurse's office. A physician, a physician assistant who has prescriptive authority under Section 7.5 of the Physician Assistant Practice Act of 1987, or an advanced practice registered nurse who has prescriptive authority under Section 65-40 of the Nurse Practice Act may prescribe undesignated glucagon medication in the name of the school to be maintained for use when necessary. Any supply of undesignated glucagon medication must be maintained in accordance with the manufacturer's instructions. Within 24 hours after the administration of undesignated glucagon medication, a school must notify the school nurse and the student's parent or guardian or emergency contact, if known, and health care provider of its use.

Section 99. Effective date. This Act takes effect upon becoming law.