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ENGROSSED SENATE
BILL NO. 1578 By: McCortney and Hicks of the
Senate
and
Roe of the House
An Act relating to schools; amending 70 O.S. 2021,
Section 1210.196.4, which relates to diabetes medical
management plans; authorizing certain personnel to
use electronic glucose monitoring applications or
software under certain conditions; amending 70 O.S.
2021, Section 1210.196.8, which relates to employee
immunity from liability; excluding specified
personnel from certain responsibility and
disciplinary action; making language gender neutral;
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 1210.196.4,
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 his or her diabetes care as provided
for in the diabetes medical management plan for the st udent.
B. If a school does not have a school nurse assigned to the
school, the principal shal l make an effort to seek school employees
who may or may not be health care professionals to serve as
volunteer diabetes care assistants to assist the student wit h the
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management of their his or her diabetes care as provided for in the
diabetes medical management plan for the student.
C. Each school in which a student with diabetes is enrolled
shall make an effort to ensure that a school nurse or a volunteer
diabetes care assistant is available at the school to assist the
diabetic student when needed.
D. A school employee shall not be subject to any penalty or
disciplinary action for refusing to serve as a volunteer diabetes
care assistant.
E. A school district s hall not restrict the assignment of a
student with diabetes to a particular 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 a student who uses continuous glucose mo nitoring with
electronic access to glucose levels, a school nurse, volunteer
diabetes care assistant, or other school staff member may, for the
purpose of monitoring the student’s glucose level through electronic
glucose monitoring, download the necessary electronic applications
or software to a school electronic device or , in the absence of a
school-provided device, his or her personal electronic device , with
written permission from a parent or legal guardian.
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SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.196.8,
is amended to read as follows:
Section 1210.196.8. A. A school employee may not be subject to
any disciplinary proceeding re sulting from an action taken in
compliance with the Diabetes Management in Schools Act. Any
employee acting in accordance with 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 responsible for and shall not be
subject to disciplinary action for actions performed by a volunteer
diabetes care assistant.
C. A school nurse, volunteer 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 glucose levels
through electronic glucose monitoring , as described in subsection G
of Section 1210.196.4 of this title, outside of school hours o r
school-sponsored activities.
SECTION 3. This act shall become effective Jul y 1, 2024.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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Passed the Senate the 5th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __ ________,
2024.
Presiding Officer of the House
of Representatives