Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB147 Latest Draft

Bill / Enrolled Version Filed 04/26/2023

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 147 	By: Hicks of the Senate 
 
  and 
 
  Dempsey and Fugate of the 
House 
 
 
 
 
An Act relating to the Diabetes Management in Schools 
Act; amending 70 O.S. 2021, Section 1210.196.3, which 
relates to diabetes medical management 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 school 
district; providing certain construction; requiring 
certain notification upon certain event; providing 
for codification; providing an effective date; and 
declaring an emergency. 
 
 
 
 
 
SUBJECT:  Glucagon 
 
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   
 
ENR. S. B. NO. 147 	Page 2 
for diabetes while at sch ool or while participating in a school 
activity.  The plan shall be develop ed by the personal health care 
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 provide diabetes 
care in accordance with Section 1210.196.5 of this title including 
but not limited to the admini stration of glucagon to a stu dent 
experiencing a hypoglycemic emergency . 
 
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 medical management 
plan pursuant to Section 121 0.196.3 of Title 70 of the Oklahoma 
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 believes is having a 
hypoglycemic emergency or if the student’s prescribed glucagon is 
not available on site or has expired ; 
   
 
ENR. S. B. NO. 147 	Page 3 
2.  A waiver of liability executed by a parent or legal guardian 
be on file with the school district prior to administr ation 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 specifi ed 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 
as creating or imposing a duty o n a school district 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 whereo f this act shall take effect and 
be in full force from and after its passage and approval. 
   
 
ENR. S. B. NO. 147 	Page 4 
Passed the Senate the 23rd day of March, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 25th day of April, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office 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_______, at _______ 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'clock _______ M. 
By: _______________________________ __