AL
Alabama Senate Bill SB52

Alabama 2023 Regular Session

Alabama Senate Bill SB52 Compare Versions

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44 By Senator Orr
55 RFD: Education Policy
66 First Read: 07-Mar-23
7-2023 Regular Session
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15-Enrolled, An Act,
16-Relating to the Alabama Safe at Schools Act; to add
17-Section 16-30A-3.1 to the Code of Alabama 1975 and to amend
18-Sections 16-30A-5 and 16-30A-7, Code of Alabama 1975; to
19-include adrenal insufficiency as a condition for which the
20-State Board of Education is required to develop guidelines to
21-train school employees under the act; to authorize certain
22-school employees to administer injectable medications to
23-students with an adrenal insufficiency; and to require local
24-boards of education to ensure that students with an adrenal
25-insufficiency have their medical needs met and are not
26-excluded from certain activities.
27-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
28-Section 1. Section 16-30A-3.1 is added to the Code of
29-Alabama 1975, to read as follows:
30-§16-30A-3.1
31-(a) For the purposes of this section, the term "adrenal
32-insufficiency" means a hormonal disorder that occurs when the
33-adrenal glands do not produce enough hormones.
34-(b) No later than the beginning of the 2024-2025 school
35-year, the State Board of Education, in consultation with the
36-Alabama Board of Nursing, shall develop guidelines for the
37-training of school employees in the necessary care for
38-students with medical needs related to an adrenal
13+SYNOPSIS:
14+Under existing law, the Alabama Safe at Schools
15+Act provides that certain school personnel may be
16+trained to administer injectable medication to a
17+student with diabetes.
18+This bill would amend the Alabama Safe at
19+Schools Act to apply to students with an adrenal
20+insufficiency.
21+This bill would allow certain school personnel
22+to be trained to administer injectable medication to a
23+student with an adrenal insufficiency.
24+This bill would require the State Board of
25+Education to develop guidelines for the training of
26+school employees in the care needed to treat students
27+with an adrenal insufficiency, and would require local
28+boards of education to provide that training.
29+This bill would also prohibit a student with an
30+adrenal insufficiency from being excluded from public
31+school or extra-curricular activities because of his or
32+her medical condition.
33+A BILL
34+TO BE ENTITLED
35+AN ACT
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65+Relating to the Alabama Safe at Schools Act; to add
66+Section 16-30A-3.1 to the Code of Alabama 1975 and to amend
67+Sections 16-30A-5 and 16-30A-7, Code of Alabama 1975; to
68+include adrenal insufficiency as a condition for which the
69+State Board of Education is required to develop guidelines to
70+train school employees under the act; to authorize certain
71+school employees to administer injectable medications to
72+students with an adrenal insufficiency; and to require local
73+boards of education to ensure that students with an adrenal
74+insufficiency have their medical needs met and are not
75+excluded from certain activities.
76+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
77+Section 1. Section 16-30A-3.1 is added to the Code of
78+Alabama 1975, to read as follows:
79+§16-30A-3.1
80+(a) For the purposes of this section, the term "adrenal
81+insufficiency" means a hormonal disorder that occurs when the
82+adrenal glands do not produce enough hormones.
83+(b) No later than the beginning of the 2024-2025 school
84+year, the State Board of Education, in consultation with the
85+Alabama Board of Nursing, shall develop guidelines for the
86+training of school employees in the necessary care for
87+students with medical needs related to an adrenal
6688 insufficiency according to the student's Individual Health
6789 Plan. The medical authorizations earned from the training
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68117 shall be limited to permitting the administration of
69118 injectable medications specific to the adrenal insufficiency
70119 of the student. The guidelines shall be developed in
71120 consideration of the recommendations of the American Academy
72121 of Pediatrics and other appropriate published medical
73122 guidelines relating to adrenal insufficiency, as approved by
74123 the State Board of Education and the Board of Nursing. Each
75124 local board of education shall ensure that adrenal
76125 insufficiency training programs are provided for all school
77126 nurses and unlicensed medication assistants at schools under
78127 its jurisdiction.
79128 (c)(1) The lead nurse of a school system, in
80129 consultation with the local superintendent of education, may
81130 recommend that school nurses be placed at particular schools
82131 based on the Individual Health Plans of students with adrenal
83132 insufficiency and the overall health needs of students.
84133 (2) Each local board of education shall ensure that
85134 each student in the school system with an adrenal
86135 insufficiency receives appropriate care as specified in his or
87136 her Individual Health Plan.
88137 (d) No school employee shall be required to serve as an
89138 unlicensed medication assistant or be subject to any penalty
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115139 or disciplinary action for refusing to serve as an unlicensed
116140 medication assistant. The decision of a school employee to
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117166 serve or not to serve as an unlicensed medication assistant
118167 may not be considered in any employment decision including,
119168 but not limited to, termination, non-renewal of contract,
120169 reduction-in-force, or transfer. No school administrator or
121170 supervisor shall threaten, harass, or otherwise coerce a
122171 school employee into serving as an unlicensed medication
123172 assistant.
124173 (e) The parent or guardian of each student who is
125174 identified as having an adrenal insufficiency shall submit an
126175 order to be considered in the development of the student's
127176 Individual Health Plan pursuant to Section 16-30A-4.
128177 (f) A private K-12 school may provide training for
129178 employees and care for students who have an adrenal
130179 insufficiency in accordance with this chapter.
131180 Section 2. Sections 16-30A-5 and 16-30A-7, Code of
132181 Alabama 1975, are amended to read as follows:
133182 "§16-30A-5
134183 (a) The local board of education shall ensure that each
135184 student in the school or system with a diabetic condition or
136185 an adrenal insufficiency receives appropriate care as
137186 specified in his or her Individual Health Plan.
138187 (b) The school nurse or a trained unlicensed medication
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164188 assistant, to the extent required by the student's Individual
165189 Health Plan, shall be on site and available to provide care to
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166215 each student with diabetes or an adrenal insufficiency during
167216 regular school hours and school-sponsored before school and
168217 after school care programs, during field trips, extended
169218 off-site excursions, extracurricular activities in which the
170219 student is a direct participant, and on buses when the bus
171220 driver is not a trained unlicensed medication assistant."
172221 "§16-30A-7
173222 (a) For the purposes of this section, the term "medical
174223 condition" refers to a diabetic condition or an adrenal
175224 insufficiency.
176225 (b) A student with diabetes a medical condition in
177226 public school may attend the school the student would
178227 otherwise attend if the student did not have diabetes that
179228 medical condition , and the diabetes medical care specified in
180229 Section 16-30A-5 shall be provided at the school. A school
181230 system may not restrict a student who has diabetes a medical
182231 condition from attending any school on the basis that the
183232 student has diabetes of that medical condition , that the
184233 school does not have a full-time school nurse, or that the
185234 school does not have trained unlicensed medication assistants.
186235 A student with diabetes a medical condition may participate in
187236 extracurricular and co-curricular activities to the same
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213237 extent as a student without diabetes a medical condition . In
214238 addition, a school shall not require or pressure parents or
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215264 guardians to provide care for a student with diabetes a
216265 medical condition at school or at school-sponsored activities
217266 in which the student is a direct participant as set forth in
218267 Section 16-30A-5. However, if the parent or guardian of a
219268 student with diabetes a medical condition does not supply the
220269 medication, the order from a physician, certified registered
221270 nurse practitioner operating under a valid collaborative
222271 agreement, or physician assistant operating under a valid
223272 supervisory agreement, supplies, or a signed parental and
224273 prescriber authorization, the parent or guardian shall be
225274 responsible for providing diabetic medical care to the student
226275 at school or at school-sponsored activities in which the
227276 student is a direct participant."
228-Section 3. This act shall become effective immediately
229-following its passage and approval by the Governor, or its
230-otherwise becoming law.
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250-________________________________________________
251-President and Presiding Officer of the Senate
252-________________________________________________
253-Speaker of the House of Representatives
254-SB52
255-Senate 23-Mar-23
256-I hereby certify that the within Act originated in and passed
257-the Senate, as amended.
258-Patrick Harris,
259-Secretary.
260-House of Representatives
261-Passed: 20-Apr-23
262-By: Senator Orr
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277+Section 3. This act shall become effective on the first
278+day of the third month following its passage and approval by
279+the Governor, or its otherwise becoming law.
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