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SENATE FLOOR VERSION
April 4, 2024
ENGROSSED HOUSE
BILL NO. 3327 By: Roe of the House
and
McCortney and Hicks of the
Senate
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 numbers with written permission;
providing an exception from monitoring numbers
outside of school hours and activities ; excluding
disciplinary actions; and declaring an emergency.
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.
B. If a school does not have a school nurse assigned to the
school, the principal shall make an e ffort to seek school employees
who may or may not be health care professionals to serve as
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volunteer diabetes care assistants to assist the student 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 enrolled
shall make an effort to ensure that a school nurse or a volunteer
diabetes care assistant is available at the school to assist the
diabetic student when needed .
D. A school employee shal l not be subject to any penalty or
disciplinary action for refusing to serve as a volunteer diabetes
care assistant.
E. A school district shall not restrict the assignment of a
student with diabetes to a particular 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 continuous glucose m onitoring with
electronic access to glucose numbers, a school nurse, diabetes care
assistant, or other school staff may download the necessary
electronic applications or software to a school electronic device or
their personal electronic device, in the abs ence of a school-
provided device, with written permission from the student 's parent
or guardian.
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SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.196.8,
is amended to read as follows:
Section 1210.196.8 A. A school employee may not be subject to
any disciplinary proceeding resulting from an action taken in
compliance with the Diabetes Management in Schools Act. Any
employee acting in accordance with the provisions of the act shall
be immune from civil liability unless the action s of the employee
rise to a level of reckless or intentional misconduct.
B. A school nurse shall not be responsible for and shall not be
subject to disciplinary action for actions performed by a volunteer
diabetes care assistant.
C. A school nurse, diabe tes 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 electronic glucose
numbers outside of school hours or school -sponsored activities.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 4, 2024 - DO PASS