Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB147 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 147 By: Hicks of the Senate
7	37
8	38		and
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10		-	Dempsey and Fugate of the
11		-	House
	40	+	Dempsey of the House
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16	45		An Act relating to the Diabetes Management in Schools
17	46		Act; amending 70 O.S. 2021, Section 1210.196.3, which
18	47		relates to diabetes medical management plans ;
19	48		directing plans to indicate whether written consent
20	49		has been given for administration of glucagon in
21	50		certain circumstances; allowing a school distri ct
22	51		board of education to stock gluca gon to treat a
23	52		student with diabetes under ce rtain circumstances;
24	53		requiring the board to adopt certain policy;
25	54		providing contents of policy; establishing length of
26	55		effectiveness for certain written consent an d waiver
27	56		of liability; allowing certain licensed phys ician to
28	57		write a prescription for glucagon to a school
29	58		district; providing certain construction; requiring
30	59		certain notification upon certain event; providing
31	60		for codification; providing an effective date; and
32	61		declaring an emergency.
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38		-	SUBJECT: Glucagon
39		-
40	67		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
41		-
42	68		SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.3,
43	69		is amended to read as follows:
44		-
45	70		Section 1210.196.3. A. A diabetes medical management plan
46	71		shall be developed for each student with diabetes who will seek care
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48		-	ENR. S. B. NO. 147 Page 2
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49	99		for diabetes while at school or while pa rticipating in a school
50	100		activity. The plan shall be develop ed by the personal health care
51	101		team of each student. The personal health care team shall consist
52	102		of the principal or designee of the principal, the school nurse, if
53	103		a school nurse is assigned to the school, the parent or legal
54	104		guardian of the student, and to th e extent practicable, the
55	105		physician responsible for the diab etes treatment of the s tudent.
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57	106		B. The diabetes medical management plan shall indicate whether
58	107		the parent or legal guardian of the student with diabetes has given
59	108		written consent for a school nurse, a school employee trained by a
60	109		health care professional, or a volunteer diabetes care assistant, as
61	110		defined by Section 1210.196.2 of this title, to provide diabetes
62	111		care in accordance wit h Section 1210.196.5 of this title including
63	112		but not limited to the admini stration of glucagon to a stu dent
64	113		experiencing a hypoglycemic emergency .
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66	114		SECTION 2. NEW LAW A new section of law to be cod ified
67	115		in the Oklahoma Statutes as Se ction 1210.196.9 of Title 70, unless
68	116		there is created a duplication in numb ering, reads as follows:
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70	117		A. A school district board of education may elect to stock
71	118		glucagon to treat a student with diabetes who experiences a
72	119		hypoglycemic emergency or if the student’s prescribed glucagon is
73	120		not available on site or has expired . A board of education that
74	121		elects to stock glucagon shall adopt a policy that requir es:
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76	149		1. The school district to inform , in writing, the parent or
77	150		legal guardian of each student who has a diabetes medical management
78	151		plan pursuant to Section 121 0.196.3 of Title 70 of the Oklahoma
79	152		Statutes that a school nurse, a school employee trained by a health
80	153		care professional, or a volunteer diabetes care assistant, as
81	154		defined by Section 1210.196 .2 of Title 70 of the Oklahoma Statutes,
82	155		may administer, with p arent or legal guardian written consent but
83	156		without a health care provider order, glucagon to a student with
84	157		diabetes whom the school nurse, trained employee, or volunteer
85	158		diabetes care assistant in good faith believes is having a
86	159		hypoglycemic emergency or if the student’s prescribed glucagon is
87	160		not available on site or has expired ;
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91	161		2. A waiver of liability executed by a parent or legal guardian
92	162		be on file with the school district prior to administr ation of
93	163		glucagon; and
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95	164		3. The school district to designate the employee responsible
96	165		for obtaining the glucagon at each school site.
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98	166		B. Written consent and a waiver of liability executed pursuant
99	167		to subsection A of this section shall be effective for the school
100	168		year for which it is granted and shall be renewed each subsequent
101	169		school year.
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103	170		C. A licensed physician who has prescriptive authority may
104	171		write a prescription f or glucagon to a school district in the name
105	172		of the district as a body corporate specifi ed in Section 5-105 of
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106	200		Title 70 of the Oklahoma Statutes, which shall be maintained at each
107	201		school site in accordance with the manufacturer ’s instructions.
108	202		Provided, however, that nothing in this section shall be constr ued
109	203		as creating or imposing a duty o n a school district to maintain
110	204		glucagon at a school site or sites.
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112	205		D. In the event a student i s believed to be having a
113	206		hypoglycemic emergency, a school employee shall contact 911 and
114	207		shall contact the student’s parent or legal guardian as soon as
115	208		possible.
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117	209		SECTION 3. This act shall become effective July 1, 2023.
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119	210		SECTION 4. It being immediately necessary for the preservation
120	211		of the public peace, health, or safety, an emergency is hereby
121	212		declared to exist, by reason whereo f this act shall take effect and
122	213		be in full force from and after its passage and approval.
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125		-	ENR. S. B. NO. 147 Page 4
126		-	Passed the Senate the 23rd day of March, 2023.
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130		-	Presiding Officer of the Senate
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133		-	Passed the House of Representatives the 25th day of April, 2023.
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137		-	Presiding Officer of the House
138		-	of Representatives
139		-
140		-	OFFICE OF THE GOVERNOR
141		-	Received by the Office of the Governor this _______ _____________
142		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
143		-	By: _________________________ ________
144		-	Approved by the Governor of the State of Oklahoma this _____ ____
145		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
146		-
147		-	_________________________________
148		-	Governor of the State of Oklahoma
149		-
150		-
151		-	OFFICE OF THE SECRETARY OF STATE
152		-	Received by the Office of the Secretary of State this _______ ___
153		-	day of __________________, 20 _______, at _______ o'clock _______ M.
154		-	By: _______________________________ __
	215	+	COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 04/11/2023
	216	+	- DO PASS.