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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 147 By: Hicks
AS INTRODUCED
An Act relating to the Diabetes Management in Schools
Act; amending 70 O.S. 2021, Section 1210.196.3, which
relates to diabetes medical ma nagement plans;
directing plans to indicate whether written consent
has been given for administration of glucagon in
certain circumstances; allowing a school distri ct
board of education to stock gluca gon to treat a
student with diabetes under ce rtain circumstances;
requiring the board to adopt certain policy;
providing contents of policy; establishing length of
effectiveness for certain written consent an d waiver
of liability; allowing certain licensed phys ician to
write a prescription for glucagon to a sch ool
district; providing certain construction; requiring
certain notification upon certain event; providing
for codification; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.3,
is amended to read as follows:
Section 1210.196.3. A. A diabetes medical management plan
shall be developed for each student wit h diabetes who will seek care
for diabetes while at school or while participating in a school
activity. The plan shall be develop ed by the personal health care
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team of each student. The personal health care team shall consist
of the principal or designee of the principal, the school nurse, if
a school nurse is assigned to the school, the parent or legal
guardian of the student, and to th e extent practicable, the
physician responsible for the diab etes treatment of the s tudent.
B. The diabetes medical mana gement plan shall indicate whether
the parent or legal guardian of the student with diabetes has given
written consent for a school nurse, a school employee trained by a
health care professional, or a volunteer diabetes care assistant, as
defined by Section 1210.196.2 of this title, to administer glucagon
to a student experiencing a hypoglycemic emergency or if the
student’s prescribed glucagon is not available on site or has
expired.
SECTION 2. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 1210.196.9 of Title 70, unless
there is created a duplication in numb ering, reads as follows:
A. A school district board of education may elect to stock
glucagon to treat a student with diabetes who experiences a
hypoglycemic emergency or if the student’s prescribed glucagon is
not available on site or has expired . A board of education that
elects to stock glucagon shall adopt a policy that requir es:
1. The school district to inform , in writing, the parent or
legal guardian of each student who has a diabetes medi cal management
plan pursuant to Section 121 0.196.3 of Title 70 of the Oklahoma
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Statutes that a school nurse, a school employee trained by a health
care professional, or a volunteer diabetes care assistant, as
defined by Section 1210.196 .2 of Title 70 of the Oklahoma Statutes,
may administer, with p arent or legal guardian written consent but
without a health care provider order, glucagon to a student with
diabetes whom the school nurse, trained employee, or volunteer
diabetes care assistant in good faith bel ieves is having a
hypoglycemic emergency or if the student’s prescribed glucagon is
not available on site or has expired ;
2. A waiver of liability executed by a parent or legal guardian
be on file with the school district prior to administration of
glucagon; and
3. The school district to designate the employee responsible
for obtaining the glucagon at each school site.
B. Written consent and a waiver of liability executed pursuant
to subsection A of this section shall be effective for the school
year for which it is granted and shall be renewed each subsequent
school year.
C. A licensed physician who has prescriptive authority may
write a prescription for glucagon to a school district in the name
of the district as a body corporate specified in Section 5-105 of
Title 70 of the Oklahoma Statutes, which shall be maintained at each
school site in accordance with the manufacturer ’s instructions.
Provided, however, that nothing in this section shall be constr ued
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as creating or imposing a duty on a school dist rict to maintain
glucagon at a school site or sites.
D. In the event a student i s believed to be having a
hypoglycemic emergency, a school employee shall contact 911 and
shall contact the student’s parent or legal guardian as soon as
possible.
SECTION 3. This act shall become effective July 1, 2023.
SECTION 4. It being immediately necessary for the preservation
of the public peace, h ealth, or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
59-1-357 EB 1/4/2023 4:13:19 PM