An Act ENROLLED 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 number s with written permission ; providing an exception from monitoring numbers outside of school hours and activities ; excluding disciplinary actions; and declaring an emergency. SUBJECT: Schools 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 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 ENR. H. B. NO. 3327 Page 2 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- 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 subject 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. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby ENR. H. B. NO. 3327 Page 3 declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage an d approval. ENR. H. B. NO. 3327 Page 4 Passed the House of Representatives the 5th day of March, 2024. Presiding Officer of the House of Representatives Passed the Senate the 22nd day of April, 2024. Presiding Officer of the Senate OFFICE OF THE GOVERNOR Received by the Offic e of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M. By: _________________________________ Approved by the Governor of the State of Oklahoma this _____ ____ day of ___________________, 20_______, a t _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'cloc k _______ M. By: _________________________________