Bill Text: MS SB2567 | 2020 | Regular Session | Introduced
Bill Title: Diabetes Care for Mississippi Students Act; enact.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2020-03-03 - Died In Committee [SB2567 Detail]
Download: Mississippi-2020-SB2567-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education; Public Health and Welfare
By: Senator(s) Boyd, Chism, McLendon
Senate Bill 2567
AN ACT TO CREATE THE DIABETES CARE FOR MISSISSIPPI STUDENTS ACT; TO DEFINE TERMS; TO AUTHORIZE A STUDENT TO PERFORM DIABETES MONITORING AND TREATMENT FUNCTIONS AT SCHOOL; TO PROVIDE FOR CIVIL IMMUNITY FOR A SCHOOL DISTRICT, SCHOOL DISTRICT EMPLOYEE OR AN AGENT OF THE SCHOOL DISTRICT FROM ANY DAMAGES RESULTING FROM HIS OR HER ACTIONS OR INACTION UNDER THE ACT; TO REQUIRE PARENTS, BEGINNING WITH THE 2020-2021 SCHOOL YEAR, TO SUBMIT A DIABETES MEDICAL MANAGEMENT PLAN THAT COVERS DIABETES MANAGEMENT AND IS BASED ON THE ORDERS OF A DIABETIC HEALTH CARE PROVIDER; TO REQUIRE THE SCHOOL DISTRICT TO MAINTAIN A COPY OF THE PLAN; TO REQUIRE THE DEPARTMENT OF EDUCATION TO CONSULT WITH THE DEPARTMENT OF HEALTH OR ANY APPROPRIATE PERSONS OR ENTITIES ON THE DEVELOPMENT OF ANY TRAINING PROGRAMS OR PROMULGATION OF ANY RULES NECESSARY TO ADMINISTER THE ACT; TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP ANY NECESSARY TRAINING PROGRAMS; TO REQUIRE THE DEPARTMENT OF EDUCATION TO ADMINISTER ANY TRAINING PROGRAMS AND PROMULGATE ANY RULES NECESSARY TO ADMINISTER THE ACT; TO REQUIRE THE DEPARTMENT OF EDUCATION TO DELIVER TO CERTAIN AUTHORITIES A COPY OF THE RULES, TRAINING PROGRAMS AND GUIDELINES TO IMPLEMENT THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act may be known and shall be cited as the "Diabetes Care for Mississippi Students Act."
SECTION 2. The Legislature of the State of Mississippi finds that:
(a) Diabetes is a serious, chronic disease that impairs
the body's ability to use food.
(b) Diabetes must be managed twenty-four (24) hours a day in order to avoid the potentially life-threatening short—term consequences of blood glucose levels that are either too high
(hyperglycemia) or too low (hypoglycemia) and to avoid or delay the serious long-term complications of high blood glucose which include blindness, amputation, heart disease and kidney failure.
(c) Students with diabetes who are able to perform their diabetes care tasks without assistance should be allowed to perform them in a school setting whether or not that setting may be during the normal school day or on or off campus; and
(d) Students with diabetes who are not capable of performing their own diabetes care tasks because of age, inexperience or other factors will need assistance from the school nurse, volunteer school personnel or other volunteers who have completed training in diabetes care tasks, including the administration of glucagon or insulin.
SECTION 3. For purposes of this act:
(a) "School" means any primary or secondary public or charter school within the State of Mississippi;
(b) "Diabetes Medical Management Plan" means a document developed by a student's diabetic health care provider that outlines the health and nutrition services required for the management of the student's diabetes condition at school and is signed by the student's diabetic health care provider and a parent or guardian of the student.
SECTION 4. (1) Upon written request of a parent or guardian of a student with diabetes and authorization by the diabetic health care provider of the student, a student may, in designated areas of the school, or, in cases of emergency, in the classroom or in other designated areas of the school, school grounds, or at school—related activities:
(a) Perform blood glucose checks;
(b) Administer insulin or glucagon through the insulin or glucagon delivery system the student uses;
(c) Treat hypoglycemia and hyperglycemia;
(d) Possess on his or her person the necessary supplies and equipment to perform diabetes monitoring and treatment functions; and
(e) Perform other similar functions related to diabetes care management.
(2) Upon request of the student's parent or guardian, a student performing diabetes monitoring and treatment functions as set out above shall have access to a private area to perform such functions.
(3) A school district or school officials or personnel shall not require or pressure a parent or guardian of a student with diabetes to provide diabetes care at school or a school-related activity.
SECTION 5. A school district, school district employee, an agent of a school district, including a health—care professional who conducts training of volunteer school personnel or other volunteers designated as care providers, or a volunteer care provider, shall not be civilly liable for any damages resulting from his or her actions or inactions under this act.
SECTION 6. (1) (a) Beginning with the 2021-2022 school year, the parent or guardian of a student with diabetes shall submit to the proper school officials and personnel a Diabetes Medical Management Plan that covers diabetes management and is based on the orders of a diabetic health care provider. The plan may provide that any trained volunteer school personnel or other volunteers are allowed, in an emergency situation, to administer glucagon, insulin, or both to a student who is diagnosed with diabetes.
(b) The school district shall maintain a copy of the plan, a list of volunteer school personnel who are designated as care providers and trained to administer glucagon, insulin or both, and a copy of the parent's or guardian's signed authorization.
(2) A licensed registered nurse or other health care professional approved by the school district shall annually train volunteer school personnel or other volunteers designated as care providers in a student's Diabetes Medical Management Plan to administer glucagon, insulin, or both to a student with diabetes.
(3) If a parent or guardian of a student with diabetes chooses to have care provided by a volunteer care provider, the parent or guardian of a student with diabetes shall sign an authorization to allow the administration of glucagon or insulin or both to the student by volunteer school personnel or other volunteers designated as care providers in a student's Diabetes Medical Management Plan.
SECTION 7. (1) In preparation for the submittal of Diabetes Medical Management Plans described in Section 6 of this act, the State Department of Education shall consult with the State Department of Health and any appropriate persons, associations, or public or private agencies, and shall develop any training programs or guidelines and promulgate any rules necessary to administer the provisions of this act. Regulations, training programs or guidelines to implement the provisions of this act shall be administered by the Department of Education. The Department of Education may delegate administration of training programs to local public school districts. Local public school districts shall submit the district's plan to comply with this act to the Department of Education by July 1 of each year.
(2) On or before December 1, 2020, the Department of Education shall deliver a copy of the rules, training programs or guidelines to implement the provisions of Section 6 of this act to the Chairs and Vice Chairs of the House and Senate Education Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee.
(3) In addition to the rules promulgated to implement the provisions of Section 6 of this act, the report shall include recommendations for any changes in state law needed to effectuate the purposes and intent of this act, including, but not limited to, amendments to the "Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Act of 2007," codified in Section 37-14-1 et seq., and the Mississippi Tort Claims Act, codified in Section 11-46-1 et seq., to provide personal and civil liability protection for school personnel.
SECTION 8. This act shall take effect and be in force from and after July 1, 2020.
