Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1578 Compare Versions

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Version 2 (New)

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3		-	ENGR. S. B. NO. 1578 Page 1 1
	3	+	SENATE FLOOR VERSION - SB1578 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 1578 By: McCortney and Hicks of the
30		-	Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 27, 2024
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	33	+	SENATE BILL NO. 1578 By: McCortney of the Senate
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32	35		and
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34	37		Roe of the House
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38	41		An Act relating to schools; amending 70 O.S. 2021,
39	42		Section 1210.196.4, which relates to diabetes medical
40	43		management plans; authorizing certain personnel to
41	44		use electronic glucose monitoring applications or
42	45		software under certain conditions; amending 70 O.S.
43	46		2021, Section 1210.196.8 , which relates to employee
44	47		immunity from liability; excluding specified
45	48		personnel from certain responsibility and
46	49		disciplinary action; making language gender neutral;
47	50		providing an effective date; and declaring an
48	51		emergency.
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52	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	56		SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.4,
54	57		is amended to read as follows:
55	58		Section 1210.196.4. A. The school nurse at each school in
56	59		which a student with diabetes is enrolled shall assist the student
57	60		with the management of their his or her diabetes care as provided
58	61		for in the diabetes medical ma nagement plan for the student.
59	62		B. If a school does not have a school nurse assigned to the
60	63		school, the principal shal l make an effort to seek school employees
61	64		who may or may not be health care professionals to serve as
62	65		volunteer diabetes care assistants to a ssist the student with the
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64		-	ENGR. S. B. NO. 1578 Page 2 1
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89	93		management of their his or her diabetes care as provided for in the
90	94		diabetes medical management plan for the student.
91	95		C. Each school in which a student with diabetes is enrolled
92	96		shall make an effort to ensure that a school nurse or a volunteer
93	97		diabetes care assistan t is available at the school to assist th e
94	98		diabetic student when needed.
95	99		D. A school employee shall not be subject to any penalty or
96	100		disciplinary action for refusing to serve as a volunteer diabetes
97	101		care assistant.
98	102		E. A school district shall not restrict the assignmen t of a
99	103		student with diabetes to a particular school site based on the
100	104		presence of a school nurse, contract school employee, or a volunteer
101	105		diabetes care assistant.
102	106		F. Each school nurs e and volunteer diab etes care assistant
103	107		shall at all times have access to a physician.
104	108		G. For a student who uses continuous glucose mo nitoring with
105	109		electronic access to glucose levels, a school nurse, volunteer
106	110		diabetes care assistant, or other school staff member may, for the
107	111		purpose of monitoring the student’s glucose level through electronic
108	112		glucose monitoring, download the necessary electronic applicat ions
109	113		or software to a school electronic device or , in the absence of a
110	114		school-provided device, his or her personal electronic device, with
111	115		written permission from a parent or legal guardian.
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113		-	ENGR. S. B. NO. 1578 Page 3 1
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138	143		SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.196.8,
139	144		is amended to read as follows:
140	145		Section 1210.196.8. A. A school employee may not be subject to
141	146		any disciplinary proceeding resulting from an action taken in
142	147		compliance with the Diabetes Management in Schools Act. Any
143	148		employee acting in accord ance with the provisions of the act shall
144	149		be immune from civil liability unless the actions of the e mployee
145	150		rise to a level of reckless or intentional misconduct.
146	151		B. A school nurse shall not be responsible for and shall not be
147	152		subject to disciplinary action for actions performed by a volunteer
148	153		diabetes care assistant.
149	154		C. A school nurse, volunteer diabetes care assistan t, or other
150	155		school staff shall not be responsible for and shall not be subject
151	156		to disciplinary action for lack of any monitoring of glucose levels
152	157		through electronic glucose monitoring , as described in subsection G
153	158		of Section 1210.196.4 of this title, outside of school hours or
154	159		school-sponsored activities .
155	160		SECTION 3. This act shall become effective Jul y 1, 2024.
156	161		SECTION 4. It being immediately necessary for the preservation
157	162		of the public peace, health or safety, an emergenc y is hereby
158	163		declared to exist, by reason whereof this act shall take effect and
159	164		be in full force from and after i ts passage and approval.
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186		-	Passed the Senate the 5th day of March, 2024.
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190		-	Presiding Officer of the Senate
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193		-	Passed the House of Representatives the ____ day of __ ________,
194		-	2024.
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198		-	Presiding Officer of the House
199		-	of Representatives
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	165	+	COMMITTEE REPORT BY: COMMITTEE ON EDUCATION
	166	+	February 27, 2024 - DO PASS