February 16, 2007
HOUSE BILL No. 1116
DIGEST OF HB 1116
(Updated February 15, 2007 12:12 pm - DI 109)
Citations Affected: IC 20-28; IC 20-34; IC 34-30; noncode.
Synopsis: Required emergency procedures training for teachers.
Requires an individual to have training in cardiopulmonary
resuscitation (CPR), removing obstructions to a person's airway, and
the Heimlich maneuver before obtaining an initial license as a teacher.
Establishes immunity from liability for certain acts or omissions by a
teacher who has been trained in CPR, removing obstructions, and the
Heimlich maneuver. 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: Upon passage; July 1, 2007.
January 8, 2007, read first time and referred to Committee on Education.
February 15, 2007, amended, reported _ Do Pass.
February 16, 2007
First Regular Session 115th General Assembly (2007)
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between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1116
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 20-28-5-3; (07)HB1116.1.1. -->
SECTION 1. IC 20-28-5-3, AS ADDED BY P.L.246-2005,
SECTION 157, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The department shall
(1) the grade point average required for each type of license; and
(2) the types of licenses to which the teachers' minimum salary
laws apply, including nonrenewable one (1) year limited licenses.
(b) The department shall determine details of licensing not provided
in this chapter, including requirements regarding the following:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education schools and
(3) The exchange and renewal of licenses.
(4) The endorsement of another state's license.
(5) The acceptance of credentials from teacher education
institutions of another state.
(6) The academic and professional preparation for each type of
(7) The granting of permission to teach a high school subject area
related to the subject area for which the teacher holds a license.
(8) The issuance of licenses on credentials.
(9) The type of license required for each school position.
(10) The size requirements for an elementary school requiring a
(11) Any other related matters.
The department shall establish at least one (1) system for renewing a
teaching license that does not require a graduate degree.
(c) After June 30, 2007, the department may not issue an initial
teaching license at any grade level to an applicant for an initial
teaching license unless the applicant shows evidence that the
(1) has successfully completed training approved by the
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the procedures
described in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by
the advisory board; or
(3) has physical limitations that make it impracticable for the
applicant to complete a course or certification described in
subdivision (1) or (2).
(c) (d)The department shall periodically publish bulletins regarding:
(1) the details described in subsection (b);
(2) information on the types of licenses issued;
(3) the rules governing the issuance of each type of license; and
(4) other similar matters.
SOURCE: IC 20-34-5; (07)HB1116.1.2. -->
SECTION 2. 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 10 of this chapter.
Sec. 2. As used in this chapter, "diabetes management and
treatment plan" means a plan prepared under section 7 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, "licensed health care
practitioner" means a nurse practitioner.
Sec. 5. 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. 6. As used in this chapter, "student" refers to a student
Sec. 7. (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 or licensed health care practitioner
responsible for the student's diabetes treatment.
(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 or licensed health care practitioner 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. 8. (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 or licensed
health care practitioner responsible for the student's diabetes
(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. 9. (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 two (2) but not more than five (5) care
assistants if a full-time nurse is not assigned to the school.
(b) A care assistant while providing health care services serves
under the supervision and authorization of the principal and the
school nurse, if the school has a nurse.
(c) A school employee may not be subject to any disciplinary
action for refusing to serve as a care assistant.
Sec. 10. (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. 11. (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 the nurse 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 10 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 or licensed health care practitioner responsible for the
student's diabetes treatment if a care assistant acts under this
(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. 12. 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 but not
limited to 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. 13. 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
SOURCE: IC 34-30-14-2; (07)HB1116.1.3. -->
SECTION 3. IC 34-30-14-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. If compliance with
sections 3 and 4 of this chapter has occurred, a school administrator,
teacher, or other school employee designated by the school
administrator, after consultation with the school nurse, who in good
(1) a nonprescription medication in compliance with the written
permission of the pupil's parent or guardian, except in the case of
a life threatening emergency;
(2) a legend drug (as defined in IC 16-18-2-199 and including
injectable insulin) in compliance with the:
(A) written order of a practitioner; and
(B) written permission of the pupil's parent or guardian,
except in the case of a life threatening emergency;
(3) a blood glucose test by finger prick in compliance with the
written order of a practitioner; or
(4) any combination of subdivisions (1) through (3);
to a pupil is not personally liable for civil damages for any act that is
incident to or within the scope of the duties of the employees
position of employment or that involves the exercise of judgment
or discretion on the part of the employee as a result of the
administration except for an act or omission amounting to gross
negligence or willful and wanton misconduct.
SOURCE: IC 34-30-14-7; (07)HB1116.1.4. -->
SECTION 4. IC 34-30-14-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 7. A teacher:
(1) who meets the requirement of IC 20-28-5-3(c); and
(A) performs cardiopulmonary resuscitation on;
(B) performs the Heimlich maneuver on; or
(C) removes a foreign body that is obstructing an airway
another person, in the course of employment as a teacher;
is not liable in a civil action for damages resulting from an act or
omission occurring during the provision of emergency assistance
under this section, unless the act or omission constitutes gross
negligence or willful and wanton misconduct.
SOURCE: ; (07)HB1116.1.5. -->
SECTION 5. [EFFECTIVE UPON PASSAGE] (a) Although
IC 20-28-5-3(c), as amended by this act, applies beginning July 1,
2007, a college or university located in Indiana may recommend to
a person who has been accepted in a teacher training program
before July 1, 2007, that the person should meet the requirements
of IC 20-28-5-3(c), as amended by this act.
(b) This SECTION expires June 30, 2009.
SOURCE: ; (07)HB1116.1.6. -->
SECTION 6. An emergency is declared for this act.