Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3327 Enrolled / Bill

Filed 04/23/2024

                    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: _________________________________