Senate Bill S385

2015-2016 Legislative Session

Provides for the care of pupils with diabetes in schools in accordance with a diabetes medical management plan provided by the pupil's parent or guardian

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to education
Jan 07, 2015	referred to education

co-Sponsors

2015-S385 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §922, Ed L
Versions Introduced in 2013-2014 Legislative Session:: S4473

2015-S385 (ACTIVE) - Summary

Provides for the care of pupils with diabetes in schools in accordance with a diabetes medical management plan provided by the pupil's parent or guardian and signed by the pupil's physician or health care provider and authorizes school personnel to volunteer for training to be trained diabetes care personnel in schools who may assist pupils with diabetes in accordance with the pupil's diabetes medical management plan.

2015-S385 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S385

 TITLE OF BILL :  An act to amend the education law, in relation to
care for pupils with diabetes

 PURPOSE :

This bill provides school staff with the option of volunteering to be
trained to provide diabetes care for students when a school nurse is
not available, and ensures that students with diabetes are able to
independently self-manage their diabetes with parent and clinician
authorization.

 SUMMARY OF PROVISIONS :

Section 1 amends Article 19 of the education law to create a new
Section 922 to provide for the following:

(1) Students with diabetes shall receive diabetes care as specified in
their Diabetes Medical Management Plan, which is developed by the
student's health care provider and sets out the health services needed
by the child during the school day to remain healthy and safe.

(2) Upon the request of the student's parent or guardian, and as
authorized by the student's health care provider pursuant to the
Diabetes Medical Management Plan, the student shall be allowed to

attend to the care and management of his or her diabetes when and
where necessary.

(3) Upon the request of the student's parent or guardian and
authorization of the Diabetes Medical Management Plan, trained
diabetes personnel may perform diabetes care functions.

(4) Trained diabetes personnel are school staff who volunteers to
complete diabetes care training. They need not be a health care
provider, and they are permitted to provide diabetes care for which
they have been trained. School employees shall not be subject to a
penalty or disciplinary action for refusing to serve as trained
diabetes personnel.

(5) The Commissioner of Education, in conjunction with the
Commissioner of Health and other interested parties, shall develop
training guide-lines for the training of school employees in the care
needed for students with diabetes. Training shall be provided by a
licensed health care professional, and training and supervision of
such school employees shall be lawful.

(6) No licensed health care professional or school employee shall be
subject to disciplinary action under professional licensing
regulations or school disciplinary policies as a result of the
activities authorized by this legislation. School personnel shall
receive the protections from liability for civil damages provided by
section 3000a of the public health law.

(7) The Commissioner of Education may promulgate any rules or
regulations necessary.

Section 2. Provides for the effective date.

 JUSTIFICATION :

According to the 2011 National Diabetes Fact Sheet, about 215,000
people younger than 20 years have diabetes (type 1 or type 2). This
represents approximately 1 in 400 under the age of 20.  The care of
students with diabetes requires management throughout the school day.
Diabetes must be managed because high and low blood glucose (sugar)
levels can be dangerous, and because good management is needed to
prevent the devastating long-term complications of diabetes, including
blindness, amputation, kidney failure and heart disease. Well-managed
diabetes is also crucial for the students' ability to learn. While
many schools do a good job providing diabetes care and permitting
students to self manage their diabetes where able, parents and
clinicians in New York have reported problems with gaps in nursing
coverage available to students with diabetes, and with some schools
creating needless barriers to students independently and appropriately
managing their diabetes when needed.

To address these concerns, the legislation would provide the option
for school staff to volunteer to be trained by a licensed health care
professional to provide diabetes care, and would ensure that students
could independently manage their diabetes when authorized by the
parent and the child's clinician. As can be seen in the National
Diabetes Education Program's publication helping the Student with
Diabetes Succeed: A Guide for School Personnel (2010), which includes
detailed information on non-medical school staff providing care, this
approach has received broad support from national medical and
educational organizations. Currently, nonmedical staff in daycare
settings in New York are permitted to provide diabetes care to
children under their care.

 LEGISLATIVE HISTORY :

S.4473 of 2013/14.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law,
provided, however, that effective immediately, the commissioner may
promulgate any rules or regulations necessary for the timely
implementation of this act on such effective date.

2015-S385 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   385

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to care for  pupils  with
  diabetes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 922 to
read as follows:
  S 922. CARE FOR PUPILS WITH DIABETES. 1. EACH  ELEMENTARY,  MIDDLE  OR
SECONDARY SCHOOL SHALL ENSURE THAT ALL PUPILS WHO HAVE BEEN DIAGNOSED BY
A  PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER WITH DIABETES
RECEIVE APPROPRIATE  AND  NEEDED  DIABETES  CARE  AS  SPECIFIED  IN  THE
DIABETES  MEDICAL MANAGEMENT PLAN SUBMITTED BY THE PARENT OR GUARDIAN OF
SUCH PUPILS WITH DIABETES. FOR THE PURPOSES OF THIS  ARTICLE,  "DIABETES
MEDICAL  MANAGEMENT  PLAN"  SHALL MEAN A DOCUMENT DEVELOPED BY A PUPIL'S
PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER  THAT  SETS  OUT
THE HEALTH SERVICES NEEDED BY THE PUPIL WHILE AT SCHOOL AND IS SIGNED BY
THE  PUPIL'S PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER AND
PARENT OR GUARDIAN.
  2. UPON WRITTEN REQUEST OF THE PARENT OR GUARDIAN AND AUTHORIZATION BY
THE PUPIL'S DIABETES MEDICAL MANAGEMENT PLAN, EACH ELEMENTARY, MIDDLE OR
SECONDARY SCHOOL SHALL ALLOW  PUPILS  WITH  DIABETES  TO  PERFORM  BLOOD
GLUCOSE  CHECKS,  ADMINISTER INSULIN THROUGH AN INSULIN DELIVERY SYSTEM,
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, AND TO
POSSESS AT ALL TIMES ALL NECESSARY SUPPLIES  AND  EQUIPMENT  TO  PERFORM
SUCH  FUNCTIONS. PUPILS SHALL HAVE ACCESS TO A PRIVATE AREA FOR PERFORM-
ING DIABETES CARE TASKS IF THE PARENT OR PUPIL REQUESTS ONE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02356-01-5

S. 385                              2

  3. UPON WRITTEN REQUEST OF THE PARENT OR GUARDIAN AND AUTHORIZATION BY
THE PUPIL'S DIABETES MEDICAL  MANAGEMENT  PLAN,  TRAINED  DIABETES  CARE
PERSONNEL,  AS  DEFINED IN SUBDIVISION FOUR OF THIS SECTION, MAY PERFORM
DIABETES CARE FUNCTIONS INCLUDING, BUT  NOT  LIMITED  TO:  CHECKING  AND
RECORDING  BLOOD  GLUCOSE  LEVELS AND KETONE LEVELS OR ASSISTING A PUPIL
WITH SUCH CHECKING  AND  RECORDING  SUCH  LEVELS;  RESPONDING  TO  BLOOD
GLUCOSE  LEVELS THAT ARE OUTSIDE THE PUPIL'S TARGET RANGE; ADMINISTERING
GLUCAGON AND OTHER EMERGENCY TREATMENTS,  AS  PRESCRIBED;  ADMINISTERING
INSULIN  OR ASSISTING A PUPIL IN ADMINISTERING INSULIN THROUGH THE INSU-
LIN DELIVERY SYSTEM THE PUPIL USES; PROVIDING ORAL DIABETES MEDICATIONS;
AND FOLLOWING INSTRUCTIONS REGARDING MEALS, SNACKS, AND PHYSICAL  ACTIV-
ITY.
  4. FOR THE PURPOSES OF THIS SECTION, "TRAINED DIABETES CARE PERSONNEL"
SHALL  MEAN  SCHOOL  PERSONNEL  WHO  VOLUNTEER TO BE TRAINED IN THE CARE
NEEDED FOR PUPILS WITH DIABETES AND WHO COMPLETE  TRAINING  PURSUANT  TO
SUBDIVISION  FIVE  OF THIS SECTION. TRAINED DIABETES CARE PERSONNEL NEED
NOT  BE  LICENSED  HEALTH  CARE  PROVIDERS.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, THE ACTIVITIES OF TRAINED DIABETES CARE PERSONNEL SET
FORTH IN SUBDIVISION THREE OF THIS  SECTION  SHALL  NOT  CONSTITUTE  THE
PRACTICE  OF NURSING AND SHALL BE EXEMPTED FROM ALL APPLICABLE STATUTORY
AND/OR REGULATORY PROVISIONS THAT RESTRICT THE ACTIVITIES  THAT  CAN  BE
PERFORMED  BY  A  PERSON WHO IS NOT A LICENSED HEALTH CARE PROFESSIONAL.
SCHOOL PERSONNEL SHALL NOT BE SUBJECT TO  ANY  PENALTY  OR  DISCIPLINARY
ACTION  FOR  REFUSING  TO  SERVE AS TRAINED DIABETES CARE PERSONNEL, NOR
SHALL A SCHOOL OR  SCHOOL  DISTRICT  DISCOURAGE  SCHOOL  PERSONNEL  FROM
VOLUNTEERING FOR TRAINING.
  5.  NO  LATER  THAN ONE HUNDRED EIGHTY DAYS FROM THE EFFECTIVE DATE OF
THIS SECTION, THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER  OF
HEALTH,  SHALL  PROMULGATE  FINAL  REGULATIONS  WITH  THE GUIDELINES FOR
TRAINING SCHOOL PERSONNEL IN THE CARE NEEDED FOR PUPILS  WITH  DIABETES.
THE  GUIDELINES  SHALL  BE  DEVELOPED  IN  CONSULTATION  WITH  STATE AND
NATIONALLY RECOGNIZED ORGANIZATIONS WITH EXPERTISE IN THE CARE OF PEOPLE
WITH DIABETES AND IN THE TRAINING THEREOF INCLUDING, BUT NOT LIMITED TO,
THE AMERICAN DIABETES ASSOCIATION, THE AMERICAN ASSOCIATION OF  DIABETES
EDUCATORS,  AND  THE  NEW  YORK  STATE ASSOCIATION OF SCHOOL NURSES. THE
TRAINING SHALL BE COORDINATED BY THE SCHOOL PRINCIPAL OR THE PRINCIPAL'S
DESIGNEE, AND SHALL  BE  PROVIDED  BY  A  SCHOOL  NURSE  AND/OR  ANOTHER
LICENSED  HEALTH  CARE PROFESSIONAL WITH EXPERTISE IN DIABETES. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, IT SHALL BE LAWFUL FOR  A  LICENSED
HEALTH  CARE PROFESSIONAL TO PROVIDE TRAINING TO SCHOOL PERSONNEL IN THE
ACTIVITIES SET FORTH IN SUBDIVISION THREE OF THIS SECTION OR  TO  SUPER-
VISE SUCH SCHOOL PERSONNEL IN PERFORMING THESE TASKS.
  6.  NO  LICENSED HEALTH CARE PROFESSIONAL OR SCHOOL PERSONNEL SHALL BE
SUBJECT TO DISCIPLINARY ACTION UNDER PROFESSIONAL LICENSING  REGULATIONS
OR  SCHOOL DISCIPLINARY POLICIES AS A RESULT OF TRAINING AND PERFORMANCE
OF DIABETES CARE TASKS BY TRAINED DIABETES PERSONNEL AUTHORIZED BY  THIS
LEGISLATION.  A  LICENSED  HEALTH CARE PROFESSIONAL, SCHOOL PERSONNEL OR
ELEMENTARY, MIDDLE OR SECONDARY SCHOOL SHALL BE PROTECTED FROM LIABILITY
FOR CIVIL DAMAGES AS PROVIDED IN SECTION THREE THOUSAND-A OF THE  PUBLIC
HEALTH LAW WHEN PERFORMING THE ACTIVITIES DESCRIBED BY THIS SECTION.
  7.  AN  ELEMENTARY,  MIDDLE OR SECONDARY SCHOOL OR SCHOOL DISTRICT MAY
NOT RESTRICT A STUDENT WHO HAS DIABETES FROM ATTENDING ANY SCHOOL ON THE
BASIS THAT THE STUDENT HAS DIABETES, THAT THE SCHOOL  DOES  NOT  HAVE  A
FULL-TIME  SCHOOL  NURSE,  OR  THAT  THE  SCHOOL  DOES  NOT HAVE TRAINED
DIABETES CARE PERSONNEL.

S. 385                              3

  S 2. This act shall take effect on the three hundred  sixty-fifth  day
after  it  shall  have  become  a law; provided, however, that effective
immediately, the commissioner of education may promulgate any  rules  or
regulations  necessary  for  the timely implementation of this act on or
after such effective date.

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Senate Bill S385

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2015-S385 (ACTIVE) - Details

2015-S385 (ACTIVE) - Summary

2015-S385 (ACTIVE) - Sponsor Memo

2015-S385 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

Simcha Felder

Jack M. Martins

2015-S385 (ACTIVE) - Details

2015-S385 (ACTIVE) - Summary

2015-S385 (ACTIVE) - Sponsor Memo

2015-S385 (ACTIVE) - Bill Text download pdf

Comments