MADAM PRESIDENT:
I move
that Engrossed House Bill 1338 be amended to read as follows:
Page 4, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 3. IC 20-34-5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 5. Care of Students With Diabetes
Sec. 1. The department and the state department of health
shall:
(1) develop and implement a pilot program that meets the
requirements of this chapter not later than July 1, 2007; and
(2) implement this chapter statewide not later than July 1,
2009.
Sec. 2. As used in this chapter, "unlicensed assistive
personnel" means a school employee who:
(1) is not a licensed health care professional;
(2) has successfully completed the training required under
section 10 of this chapter; and
(3) has immunity from liability under IC 34-30-14.
Sec. 3. As used in this chapter, "diabetes management and
treatment plan" means a plan prepared under section 7 of this
chapter.
Sec. 4. 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. 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 chapter; or
(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
with diabetes.
Sec. 7. (a) A diabetes management and treatment plan must be
prepared and implemented for a student with diabetes while the
student is at school or participating in a school activity. The plan
must be developed by:
(1) the student's parent or guardian; and
(2) the licensed physician responsible for the student's
diabetes treatment or another diabetes health care provider
ordered in writing by the physician.
(b) A diabetes management and treatment plan must:
(1) identify the health care services the student may need at
school;
(2) evaluate the student's:
(A) ability to manage; and
(B) level of understanding of;
the student's diabetes;
(3) specify the care that may be performed by the student
with an agreed upon level of supervision; and
(4) be signed by the student's parent or guardian and the
licensed physician responsible for the student's diabetes
treatment or another diabetes health care provider ordered
in writing by the physician.
(c) The parent or guardian of a student with diabetes who will
be attending 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 the student.
Sec. 8. (a) An individualized health plan must be developed for
each student with diabetes who will be attending school or
participating in a school activity. The school's principal and school
nurse shall develop a student's individualized health plan in
collaboration with:
(1) the student's parent or guardian;
(2) to the extent practicable, the licensed physician
responsible for the student's diabetes treatment or another
diabetes health care provider ordered in writing by the
physician; 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
plan.
Sec. 9. (a) At each school in which a student with diabetes is
enrolled, the school principal shall:
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, unlicensed assistive personnel 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. Unlicensed
assistive personnel must have access to a health care professional
with expertise in the care of students with diabetes or a school
nurse must have access to the licensed physician responsible for the
student's diabetes treatment if unlicensed assistive personnel act
under this subsection.
(c) Unlicensed assistive personnel may act under this section
only if the parent or guardian of the student signs an agreement
that:
(1) authorizes unlicensed assistive personnel to assist the
student; and
(2) states that the parent or guardian understands that, as
provided under IC 34-30-14, unlicensed assistive personnel
is not liable for civil damages for assisting in the student's
care.
(d) Unlicensed assistive personnel who assist a student under
this section in carrying out the student's individualized health plan:
(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) shall 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 unlicensed assistive personnel.
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
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 diabetes.