SENATE BILL No. 336
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-34-5.
Synopsis: Care and management of student diabetes at school.
Establishes a training program for school employees who are not health
care professionals to assist students with diabetes in managing and
treating the diabetes. Sets forth requirements for individualized health
plans for students who will be managing and treating diabetes while at
school or school activities.
Effective: July 1, 2006.
January 10, 2006, read first time and referred to Committee on Health and Provider
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 336
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-34-5; (06)IN0336.1.1. -->
SECTION 1. IC 20-34-5 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 5. Care of Students With Diabetes
Sec. 1. As used in this chapter, "care assistant" means a school
(1) is not a licensed health care professional; and
(2) has successfully completed the training required under
section 9 of this chapter.
Sec. 2. As used in this chapter, "diabetes management and
treatment plan" means a plan prepared under section 6 of this
Sec. 3. As used in this chapter, "individualized health plan"
means a coordinated plan of care designed to meet the unique
health care needs of a student with diabetes in a school setting.
Sec. 4. As used in this chapter, "school employee" means an
individual employed by:
(1) a public school or an accredited nonpublic school;
(2) a local health department working with a school under this
(3) another entity with which a school has contracted to
perform the duties required under this chapter.
Sec. 5. As used in this chapter, "student" refers to a student
Sec. 6. (a) A diabetes management and treatment plan must be
prepared and implemented for a student with diabetes whose
parent seeks care for the student's diabetes while the student is at
school or participating in a school activity. The plan must be
(1) the student's parent; and
(2) the licensed physician responsible for the student's
(b) A diabetes management and treatment plan must:
(1) identify the health care services the student may receive at
(2) evaluate the student's:
(A) ability to manage; and
(B) level of understanding of;
the student's diabetes; and
(3) be signed by the student's parent and the licensed
physician responsible for the student's diabetes treatment.
(c) The parent of a student who seeks care for the student's
diabetes while the student is at school or participating in a school
activity shall submit a copy of the student's diabetes management
and treatment plan to the school. The plan must be submitted to
and be reviewed by the school:
(1) before or at the beginning of a school year;
(2) at the time the student enrolls, if the student is enrolled in
school after the beginning of the school year; or
(3) as soon as practicable following a diagnosis of diabetes for
Sec. 7. (a) An individualized health plan must be developed for
each student whose parent seeks care for diabetes while the student
is at school or participating in a school activity. The school's
principal and nurse, if the school has a nurse, shall develop a
student's individualized health plan in collaboration with:
(1) the student's parent;
(2) to the extent practicable, the licensed physician responsible
for the student's diabetes treatment; and
(3) one (1) or more of the student's teachers.
(b) A student's individualized health plan must incorporate the
components of the student's diabetes management and treatment
plan. A school shall develop a student's individualized health plan
upon receiving the student's diabetes management and treatment
Sec. 8. (a) At each school in which a student with diabetes is
enrolled, the school principal shall:
(1) seek school employees to serve as care assistants; and
(2) make efforts to ensure that the school has:
(A) at least one (1) care assistant if a full-time nurse is
assigned to the school; and
(B) at least three (3) care assistants if a full-time nurse is
not assigned to the school.
(b) A care assistant serves under the supervision of the
(c) A school employee may not be subject to any disciplinary
action for refusing to serve as a care assistant.
Sec. 9. (a) The state department of health, with the assistance of
interested parties, shall develop a training program that includes
instruction in the following:
(1) Recognizing the symptoms of hypoglycemia and
(2) Understanding the proper action to take if the blood
glucose levels of a student are outside the target ranges
indicated on the student's diabetes management and
(3) Understanding the details of a student's individualized
(4) Performing finger sticks to check blood glucose levels,
checking urine ketone levels, and recording the results of the
(5) Properly administering glucagon and insulin, and
recording the results of the administration.
(6) Recognizing complications that require emergency
(7) Understanding recommended schedules and food intake
for meals and snacks for a student, the effect of physical
activity on blood glucose levels, and the proper action to be
taken if a student's schedule referred to in this subdivision is
(b) If a school nurse is assigned to a school, the school nurse
shall coordinate the training of school employees acting as care
assistants, using the training program developed under subsection
(c) Training for care assistants must be provided by a health
care professional with expertise in the care of individuals with
diabetes or by a school nurse. The training must be provided
before the beginning of the school year or as soon as practicable
(1) the enrollment; or
(2) the diagnosis;
of a student with diabetes at a school that previously had no
students with diabetes.
(d) The school nurse or principal shall maintain a copy of the
training program and the records of training completed by the
Sec. 10. (a) If a school nurse is assigned to a school and the nurse
is available, the nurse shall perform the tasks necessary to assist a
student in carrying out the student's individualized health plan.
(b) If a school nurse is not assigned to a school or is not
available, a care assistant shall perform the tasks necessary to
assist a student in carrying out the student's individualized health
plan, in compliance with the training guidelines provided under
section 9 of this chapter. A care assistant must have access to a
health care professional with expertise in the care of individuals
with diabetes or a principal must have access to the licensed
physician responsible for the student's diabetes treatment if a care
assistant acts under this subsection.
(c) A care assistant may act under this section only if the parent
of the student signs an agreement that:
(1) authorizes a care assistant to assist the student; and
(2) states that the parent understands that, as provided under
IC 34-30-14, a care assistant is not liable for civil damages for
assisting in the student's care.
(d) A care assistant who assists a student under this section:
(1) is not considered to be engaging in the practice of nursing;
(2) is exempt from applicable statutes and rules that restrict
activities that may be performed by an individual who is not
a health care professional; and
(3) may exercise reasonable judgment in deciding whether to
contact a health care provider in a medical emergency
involving a student with diabetes.
(e) A school corporation may not restrict the assignment of a
student to a particular school on the basis that the school does not
have the required care assistants.
Sec. 11. As provided in a student's individualized health plan, a
school corporation shall allow the student to attend to the
management and care of the student's diabetes, including
performing the following activities:
(1) Performing blood glucose level checks.
(2) Administering insulin through the insulin delivery system
the student uses.
(3) Treating hypoglycemia and hyperglycemia.
(4) Possessing on the student's person at any time the supplies
or equipment necessary to monitor and care for the student's
(5) Otherwise attending to the management and care of the
student's diabetes in the classroom, in any area of the school
or school grounds, or at any school related activity.
Sec. 12. A school shall provide the individual who is responsible
for providing transportation for or supervising a student with
diabetes during an off-campus school related activity an
information sheet that:
(1) identifies the student with diabetes;
(2) identifies potential emergencies that may occur as a result
of the diabetes and appropriate responses to an emergency;
(3) provides the telephone number of a contact in case an