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Regular Session, 2012
SENATE BILL NO. 692
BY SENATOR NEVERS
CHILDREN. Provides for the care of students with diabetes. (gov sig)
AN ACT1
To enact Part LXXII of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to2
be comprised of R.S. 40:1300.351 through 1300.361, relative to care of students with3
diabetes; to provide for diabetes management and treatment plan; to provide for4
individualized health plans; to provide for unlicensed diabetes care assistants and5
training; to provide for self monitoring and treatment; to provide for immunity; to6
provide for reporting; to authorize the promulgation of rules and regulations; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Part LXXII of Chapter 5 of Title 40 of the Louisiana Revised Statutes of10
1950, comprised of R.S. 40:1300.351 through 1300.361, is hereby enacted to read as11
follows:12
PART LXXII. CARE OF STUDENTS WITH DIABETES13
§1300.351. Short title14
This Part shall be known and may be cited as the "Care of Students with15
Diabetes Act".16
§1300.352. Application17 SB NO. 692
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This Part shall apply to all public elementary and secondary schools,1
their students, and employees.2
§1300.353. Diabetes management and treatment plan3
A. For each student with diabetes who seeks care for his diabetes while4
at school or while participating in a school activity, a diabetes management and5
treatment plan shall be developed and implemented. A submitted plan shall be6
developed by either of the following:7
(1) The student's parent or guardian.8
(2) The physician responsible for the student's diabetes treatment.9
B. A diabetes management and treatment plan shall contain:10
(1) A listing of the health care services the student may receive at school.11
(2) An evaluation of the student's ability to manage his diabetes and the12
student's level of understanding of his diabetes.13
(3) Signatures of the student's parent or guardian and the physician14
responsible for the student's diabetes treatment.15
C. The parent or guardian of a student with diabetes shall submit to the16
school a copy of the student's diabetes management and treatment plan. The17
plan shall be submitted to and reviewed by the school by one of the following:18
(1) Before or at the beginning of the school year.19
(2) On enrollment of the student, if the student enrolls in the school after20
the beginning of the school year.21
(3) As soon as practicable following a diagnosis of diabetes for the22
student.23
§1300.354. Individualized health plan24
A. For purposes of this Part, an "individualized health plan" shall mean25
a coordinated plan of care designed to meet the unique health care needs of a26
student with diabetes in the school setting.27
B. If the parent or guardian of a student with diabetes who seeks care28
for the student's diabetes while the student is at school permits, the school29 SB NO. 692
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principal and the school nurse, if a school nurse is assigned to the school, shall1
develop a student's individualized health plan in collaboration with the2
student's parent or guardian and, to the extent practicable, the physician3
responsible for the student's diabetes treatment, and one or more of the4
student's teachers.5
C. The individualized health plan shall incorporate components of the6
student's diabetes management and treatment plan, including the information7
required under this Part. Once the school receives the student's diabetes8
management and treatment plan, the school shall develop a student's9
individualized health plan.10
§1300.355. Unlicensed diabetes care assistant11
A. For purposes of this Part, "unlicensed diabetes care assistant" shall12
mean a school employee who volunteers to be trained in accordance with this13
Part.14
B. The principal of a school may:15
(1) Seek school employees who are not health care professionals to serve16
as unlicensed diabetes care assistants and who may care for students with17
diabetes within the provisions of this Part.18
(2) Make efforts to ensure that the school has at least one unlicensed19
diabetes care assistant if the school has a full-time nurse and at least three20
unlicensed diabetes care assistants if the school has no full-time nurse.21
C. An unlicensed diabetes care assistant may serve under the22
supervision of the principal.23
D. A school employee shall not be subject to any penalty or disciplinary24
action for refusing to serve as an unlicensed diabetes care assistant.25
§1300.356. Training for unlicensed diabetes care assistant26
A. The Department of Education shall develop rules and regulations27
pursuant to the provisions of the Administrative Procedure Act, with the28
assistance of the following entities, for the training of unlicensed diabetes care29 SB NO. 692
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assistants:1
(1) The Department of Health and Hospitals.2
(2) The American Diabetes Association.3
(3) The Juvenile Diabetes Research Foundation International.4
(4) The American Association of Diabetes Educators.5
(5) The Louisiana State Board of Nursing.6
B. Training under this Section may be provided by a health care7
professional with expertise in the care of persons with diabetes or by the school8
nurse. The training may be provided before the beginning of the school year or9
as soon as practicable after one of the following:10
(1) The enrollment of a student with diabetes at a school that previously11
had no students with diabetes.12
(2) A diagnosis of diabetes for a student at a school that previously had13
no students with diabetes.14
C. The training shall include:15
(1) Recognizing the symptoms of hypoglycemia and hyperglycemia.16
(2) Understanding the proper action to take if the blood glucose levels17
of a student with diabetes are outside the target ranges indicated by the18
student's diabetes management and treatment plan.19
(3) Understanding the details of a student's individualized health plan.20
(4) Performing finger-sticks to check blood glucose levels, checking urine21
ketone levels, and recording the results of those checks.22
(5) Properly administering glucagon and insulin, and recording the23
results of the administration.24
(6) Recognizing complications that require emergency assistance.25
(7) Understanding the recommended schedules and food intake for26
meals and snacks for a student with diabetes, the effect of physical activity on27
blood glucose levels, and the proper actions to be taken if a student's schedule28
is disrupted.29 SB NO. 692
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D. The school nurse or principal may maintain a copy of the training1
guidelines and any records associated with the training.2
§1300.357. Required information for certain employees3
Upon the written permission of the student's parent or guardian, a4
school may provide to each school employee with the responsibility of providing5
transportation for a student with diabetes or supervising a student with diabetes6
during an off-campus activity a one-page information sheet that provides all of7
the following:8
(1) The identity of the student with diabetes.9
(2) A description of potential emergencies that may occur as a result of10
the student's diabetes and the appropriate responses to such emergencies.11
(3) The telephone number of a contact person in case of an emergency12
involving the student with diabetes.13
§1300.358. Care of students with diabetes14
A. If a school has a school nurse assigned to the school, the school nurse15
may perform the tasks necessary to assist a student with diabetes in accordance16
with the student's individualized health plan. If a school has no school nurse17
assigned to the school or the school nurse is unavailable, an unlicensed diabetes18
care assistant may perform the tasks necessary to assist the student with19
diabetes in accordance with the student's individualized health plan and in20
compliance with any guidelines provided during training under this Part. An21
unlicensed diabetes care assistant may perform the tasks provided by this Part22
only if the parent or guardian of the student signs an agreement authorizing23
such action by the unlicensed diabetes care assistant.24
B. If a school does not have a school nurse assigned to the school, one of25
the following alternatives may be utilized:26
(1) An unlicensed diabetes care assistant may have access to an27
individual with expertise in the care of persons with diabetes, such as a28
physician, a registered nurse, a certified diabetes educator, or a licensed29 SB NO. 692
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dietitian.1
(2) The principal may have access to the physician responsible for the2
student's diabetes treatment.3
C. Each school may adopt a procedure to ensure that a school nurse or4
at least one unlicensed diabetes care assistant shall be present and available to5
provide the required care to a student with diabetes during the regular school6
day.7
D. A school shall not restrict the assignment of a student with diabetes8
to a particular school on the basis that the school does not have the required9
unlicensed diabetes care assistants.10
E. An unlicensed diabetes care assistant who assists a student as11
provided for in this Part in compliance with a student's individualized health12
plan shall be exempt from any applicable state law or rule that restricts the13
activities that may be performed by a person who is not a health care14
professional.15
F. An unlicensed diabetes care assistant shall exercise reasonable16
judgment in deciding whether to contact a health care provider in the event of17
a medical emergency involving a student with diabetes.18
§1300.359. Self monitoring and treatment19
In accordance with the student's individualized health plan, a school20
shall permit the student to attend to the management and care of the student's21
diabetes, which shall include:22
(1) Performing blood glucose level checks.23
(2) Administering insulin through the insulin delivery system the student24
uses.25
(3) Treating hypoglycemia and hyperglycemia.26
(4) Possessing on the student's person at any time any supplies or27
equipment necessary to monitor and care for the student's diabetes.28
(5) Otherwise attending to the management and care of the student's29 SB NO. 692
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diabetes in the classroom, in any area of the school or school grounds, or at any1
school-related activity.2
§1300.360. Immunity from civil damages3
No physician, nurse, school employee, or school district shall be liable for4
civil damages or subject to disciplinary action under professional licensing5
regulations or school disciplinary policies as a result of the activities authorized6
by this Part when such acts are performed as an ordinarily reasonable prudent7
person would have acted under the same or similar circumstances.8
§1300.361. Reporting9
Any school that receives a properly filed diabetes management and10
treatment plan pursuant to this Part shall notify in writing the Department of11
Education and provide documentation on an annual basis that the school is in12
compliance with this Part.13
Section 2. Within one hundred eighty days of the effective date of this Act, the14
Department of Education shall promulgate rules and regulations pursuant to the15
Administrative Procedure Act implementing the provisions of this Act.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Proposed law provides for the Care of Students with Diabetes Act.
Proposed law provides for a diabetes management and treatment plan, which shall be
developed by either of the following:
1. The student's parent or guardian.
2. The physician responsible for the student's diabetes treatment.
The diabetes management and treatment plan shall contain: SB NO. 692
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1. A listing of the health care services the student may receive at school.
2. An evaluation of the student's ability to manage and the student's level of
understanding of his diabetes.
Proposed law provides for an individualized health plan, which means a coordinated plan
of care designed to meet the unique health care needs of a student with diabetes in the school
setting.
Proposed law provides if the parent or guardian of a student with diabetes who seeks care
for the student's diabetes while the student is at school permits, the school principal and the
school nurse, if a school nurse is assigned to the school, shall develop a student's
individualized health plan in collaboration with the student's parent or guardian and, to the
extent practicable, the physician responsible for the student's diabetes treatment, and one or
more of the student's teachers.
Proposed law provides for an unlicensed diabetes care assistant, which means a school
employee who volunteers to be trained.
Proposed law provides the Department of Education shall develop rules and regulations
pursuant to the provisions of the Administrative Procedure Act, with the assistance of the
following entities, for the training of unlicensed diabetes care assistants:
1. The Department of Health and Hospitals.
2. The American Diabetes Association.
3. The Juvenile Diabetes Research Foundation International.
4. The American Association of Diabetes Educators.
5. The Louisiana State Board of Nursing.
Proposed law provides that with the written permission of the student's parent or guardian,
a school may provide to each school employee with the responsibility of providing
transportation for a student with diabetes or supervising a student with diabetes during an
off-campus activity a one-page information sheet that provides:
1. The identity of the student with diabetes.
2. A description of potential emergencies that may occur as a result of the student's
diabetes and the appropriate responses to such emergencies.
3. The telephone number of a contact person in case of an emergency involving the
student with diabetes.
Proposed law provides if a school has a school nurse assigned to the school, the school nurse
may perform the tasks necessary to assist a student with diabetes in accordance with the
student's individualized health plan. Further, if a school has no school nurse assigned to the
school or the school nurse is unavailable, an unlicensed diabetes care assistant may perform
the tasks necessary to assist the student with diabetes in accordance with the student's
individualized health plan and in compliance with any guidelines provided during training
under the proposed law.
Proposed law provides an unlicensed diabetes care assistant may perform the tasks provided
by the proposed law only if the parent or guardian of the student signs an agreement
authorizing such action by the unlicensed diabetes care assistant.
Furthermore, if a school does not have a school nurse assigned to the school, one of the SB NO. 692
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following alternatives may be utilized:
1. An unlicensed diabetes care assistant may have access to an individual with expertise
in the care of persons with diabetes, such as a physician, a registered nurse, a
certified diabetes educator, or a licensed dietitian.
2. The principal may have access to the physician responsible for the student's diabetes
treatment.
Proposed law provides an unlicensed diabetes care assistant who assists a student as
provided for in the proposed law in compliance with a student's individualized health plan
shall be exempt from any applicable state law or rule that restricts the activities that may be
performed by a person who is not a health care professional.
Proposed law provides an unlicensed diabetes care assistant shall exercise reasonable
judgment in deciding whether to contact a health care provider in the event of a medical
emergency involving a student with diabetes.
Proposed law provides for immunity from civil damages.
Proposed law requires any school that receives a properly filed diabetes management and
treatment plan pursuant to the proposed law to notify in writing the Department of Education
and provide documentation on an annual basis that the school is in compliance with the
proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S.40:1300.351 through 1300.361)