SB52ENGROSSED
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HGMT38-2
By Senator Orr
RFD: Education Policy
First Read: 07-Mar-23
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A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Safe at Schools Act; to add
Section 16-30A-3.1 to the Code of Alabama 1975 and to amend
Sections 16-30A-5 and 16-30A-7, Code of Alabama 1975; to
include adrenal insufficiency as a condition for which the
State Board of Education is required to develop guidelines to
train school employees under the act; to authorize certain
school employees to administer injectable medications to
students with an adrenal insufficiency; and to require local
boards of education to ensure that students with an adrenal
insufficiency have their medical needs met and are not
excluded from certain activities.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-30A-3.1 is added to the Code of
Alabama 1975, to read as follows:
§16-30A-3.1
(a) For the purposes of this section, the term "adrenal
insufficiency" means a hormonal disorder that occurs when the
adrenal glands do not produce enough hormones.
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(b) No later than the beginning of the 2024-2025 school
year, the State Board of Education, in consultation with the
Alabama Board of Nursing, shall develop guidelines for the
training of school employees in the necessary care for
students with medical needs related to an adrenal
insufficiency according to the student's Individual Health
Plan. The medical authorizations earned from the training
shall be limited to permitting the administration of
injectable medications specific to the adrenal insufficiency
of the student. The guidelines shall be developed in
consideration of the recommendations of the American Academy
of Pediatrics and other appropriate published medical
guidelines relating to adrenal insufficiency, as approved by
the State Board of Education and the Board of Nursing. Each
local board of education shall ensure that adrenal
insufficiency training programs are provided for all school
nurses and unlicensed medication assistants at schools under
its jurisdiction.
(c)(1) The lead nurse of a school system, in
consultation with the local superintendent of education, may
recommend that school nurses be placed at particular schools
based on the Individual Health Plans of students with adrenal
insufficiency and the overall health needs of students.
(2) Each local board of education shall ensure that
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each student in the school system with an adrenal
insufficiency receives appropriate care as specified in his or
her Individual Health Plan.
(d) No school employee shall be required to serve as an
unlicensed medication assistant or be subject to any penalty
or disciplinary action for refusing to serve as an unlicensed
medication assistant. The decision of a school employee to
serve or not to serve as an unlicensed medication assistant
may not be considered in any employment decision including,
but not limited to, termination, non-renewal of contract,
reduction-in-force, or transfer. No school administrator or
supervisor shall threaten, harass, or otherwise coerce a
school employee into serving as an unlicensed medication
assistant.
(e) The parent or guardian of each student who is
identified as having an adrenal insufficiency shall submit an
order to be considered in the development of the student's
Individual Health Plan pursuant to Section 16-30A-4.
(f) A private K-12 school may provide training for
employees and care for students who have an adrenal
insufficiency in accordance with this chapter.
Section 2. Sections 16-30A-5 and 16-30A-7, Code of
Alabama 1975, are amended to read as follows:
"§16-30A-5
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(a) The local board of education shall ensure that each
student in the school or system with a diabetic condition or
an adrenal insufficiency receives appropriate care as
specified in his or her Individual Health Plan.
(b) The school nurse or a trained unlicensed medication
assistant, to the extent required by the student's Individual
Health Plan, shall be on site and available to provide care to
each student with diabetes or an adrenal insufficiency during
regular school hours and school-sponsored before school and
after school care programs, during field trips, extended
off-site excursions, extracurricular activities in which the
student is a direct participant, and on buses when the bus
driver is not a trained unlicensed medication assistant."
"§16-30A-7
(a) For the purposes of this section, the term "medical
condition" refers to a diabetic condition or an adrenal
insufficiency.
(b) A student with diabetes a medical condition in
public school may attend the school the student would
otherwise attend if the student did not have diabetes that
medical condition , and the diabetes medical care specified in
Section 16-30A-5 shall be provided at the school. A school
system may not restrict a student who has diabetes a medical
condition from attending any school on the basis that the
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student has diabetes of that medical condition , that the
school does not have a full-time school nurse, or that the
school does not have trained unlicensed medication assistants.
A student with diabetes a medical condition may participate in
extracurricular and co-curricular activities to the same
extent as a student without diabetes a medical condition . In
addition, a school shall not require or pressure parents or
guardians to provide care for a student with diabetes a
medical condition at school or at school-sponsored activities
in which the student is a direct participant as set forth in
Section 16-30A-5. However, if the parent or guardian of a
student with diabetes a medical condition does not supply the
medication, the order from a physician, certified registered
nurse practitioner operating under a valid collaborative
agreement, or physician assistant operating under a valid
supervisory agreement, supplies, or a signed parental and
prescriber authorization, the parent or guardian shall be
responsible for providing diabetic medical care to the student
at school or at school-sponsored activities in which the
student is a direct participant."
Section 3. This act shall become effective immediately
following its passage and approval by the Governor, or its
otherwise becoming law.
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Senate
Read for the first time and referred
to the Senate committee on Education
Policy
................07-Mar-23
Read for the second time and placed
on the calendar:
0 amendments
................21-Mar-23
Read for the third time and passed
as amended
Yeas 31
Nays 0
Abstains 0
................23-Mar-23
Patrick Harris,
Secretary.
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