House of Representatives

HB 2112

schools; diabetes medication; civil immunity

Sponsors: Representative Huppenthal

 

DPA

S/E

Committee on Health

X

Committee on Judiciary

 

Caucus and COW

 

Third Read

 

 

As Passed the House

HB 2112 exempts any school employee from civil liability for care provided to a diabetic student in a routine or emergency situation.

Current Status

The Strike-Everything amendment to HB 2112 was adopted in the Health Committee to add the requirement for school boards to take a public vote on the adoption of a policy for the care of diabetic students.

 

History

The American Diabetes Association estimates that approximately 125,000 children in the United States have been diagnosed with diabetes and approximately 13,000 new cases are diagnosed each year.  Type 1 diabetes may occur at any age, but typically develops in children or young adults.  This form of diabetes is an autoimmune disease in which the body does not produce any insulin, and people with Type 1 diabetes must take daily insulin injections to stay alive. In general, Type 2 diabetes is the most common form of diabetes. In Type 2 diabetes, either the body does not produce enough insulin or the cells ignore the insulin.  Children with Type 2 diabetes may also need insulin injections.  Although Type 1 diabetes is more common in children than Type 2, the incidence of children with Type 2 diabetes has tripled in the past ten years.

 

Children with diabetes must continually monitor their blood sugar levels to ensure that they are neither too high nor too low.  When blood sugar levels get too high, a child may need to receive an injection of insulin.  If high blood sugar goes untreated it may develop into ketoacidosis, which can lead to a diabetic coma.  Low blood sugar is the most common problem for children with diabetes.  Low blood sugar can be treated by giving a child carbohydrates such as candy, juice or soda.  In extreme cases, the child may need to receive an injection of glucagon to counter low blood sugar.

 

According to the Congressional Diabetes Research Working Group, intensive insulin therapy consisting of 3-4 injections of insulin daily, in conjunction with at least 4-6 blood glucose tests and healthy diet and exercise are the keys to controlling diabetes and minimizing the development of complications.  This can be difficult for students in schools that do not employ a school nurse as no one is available to assist children in glucose monitoring, provide insulin injections during routine care or glucagon injections in emergency situations.   Often, schools have to call for an ambulance to assist a diabetic student in an emergency situation, or have parents come in to school to administer routine injections.  Concern exists that should another school employee step in to render care to a diabetic student, liability may fall on the school or employee.  The strike-everything amendment to HB 2112 will exempt school employees who assist diabetic students from liability and require school governing boards to vote on whether or not to adopt a policy on diabetes treatment for diabetic students.

 

A Strike–Everything Amendment will be offered to HB 2112 in the Health Committee with the following provisions:

·          Exempts school personnel administering or assisting in the administration of either insulin or glucagon to a student previously diagnosed with diabetes.

·          Requires all school boards and charter school boards to take a public vote on whether to adopt a policy on diabetes treatment for diabetic students.  This vote must be taken within one year of the general effective date of the bill, and boards will have the choice of whether to adopt the policy, not to adopt the policy or amend the policy.

·          Separates the policy from any determination of ordinary negligence.

·          Requires the Department of Education to act as a clearinghouse for information relating to diabetes training.

·          Defines the policy on diabetes treatment as follows:

-        The policy is triggered by either the identification of a diabetic student by school personnel or the request of a parent.

-        Once the policy has been triggered, there are two options for training school personnel to care for the diabetic student.           

-                     The parent of the student may train school personnel on the care of their child if the parent is capable and willing, or

-                     The school may provide training to school personnel.

-        If the school provides training to personnel, the training must include these elements:

-                     It must be provided by a licensed or certified health care professional to at least three school personnel.  Certified personnel must receive at least four hours of training, non-certified personnel must receive at least six hours of training.

-                     Training should cover the administration of insulin and glucagon, how to treat high/low blood sugar, as well as the use of a blood glucose monitor.

-                     School personnel must complete an annual refresher course.

-        Once school personnel have completed training, an individual health plan must be developed and obtained by the school for the diabetic student.

-        Trained personnel must hold at least one meeting for other staff members that interact with the student on a regular basis.

-        Trained personnel must get a signed waiver allowing them to treat the diabetic student.

 

The Strike-Everything amendment to HB 2112 was adopted in the Health Committee.

 

 

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45th Legislature                    

Second Regular Session        3          February 12, 2002

 

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