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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3327 By: Roe of the House
and
McCortney of the Senate
AS INTRODUCED
An Act relating to schools; amending 70 O.S. 2021,
Sections 1210.196.4 and 1210.196.8, which relate to
the Diabetes Management in Schools Act; authorizing
certain health professionals to download student
glucose monitoring number s with written permission ;
providing an exception from monitoring numbers
outside of school hours and activities ; excluding
disciplinary actions; and providing an effe ctive
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.4,
is amended to read as follows:
Section 1210.196.4 A. The school nurse at each school in which
a student with diabetes is enrolled shall assist the student with
the management of their diabetes care as provided for in the
diabetes medical management plan for the student.
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B. If a school does not have a school nurse assigne d to the
school, the principal shall make an effort to seek school employees
who may or may not be health ca re professionals to serve as
volunteer diabetes care assistants to assist the studen t with the
management of their diabetes care as provided for in the diabetes
medical management plan for the student.
C. Each school in which a student with diabetes is en rolled
shall make an effort to ensure that a school nurse or a volunteer
diabetes care assistant is available at the school to assist th e
diabetic student when needed.
D. A school employee shall not be subject to any penalty or
disciplinary action for ref using to serve as a volunteer diabetes
care assistant.
E. A school district shall n ot restrict the assignment of a
student with diabetes to a parti cular school site based on the
presence of a school nurse, contract school employee, or a volunteer
diabetes care assistant.
F. Each school nurse and volunteer diabetes care assistant
shall at all times have access to a physician.
G. For students with co ntinuous glucose monitoring with
electronic access to glucose numbers, a school nurse, diabetes care
assistant, or other school staff may download the necessary
electronic applications or soft ware to a school elec tronic device or
their personal electronic device, in the absence of a school-
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provided device, with written permission from the student's parent
or guardian.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.19 6.8,
is amended to read as follows:
Section 1210.196.8 A. A school employee may not be su bject to
any disciplinary proceeding resulting from an action taken in
compliance with the Diabetes Management in Schools Act. Any
employee acting in accordance wit h the provisions of the act shall
be immune from civil liability unless the actions of the employee
rise to a level of reckless or intentional misconduct.
B. A school nurse shall not be res ponsible for and shall not be
subject to disciplinary action for a ctions performed by a volunteer
diabetes care assistant.
C. A school nurse, diabetes care assistant, or other school
staff shall not be responsible for and shall not be subject to
disciplinary action for lack of any monitoring of el ectronic glucose
numbers outside of school hours or school -sponsored activities.
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/13/2024
- DO PASS, As Coauthored.