1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 SENATE BILL 1578 By: McCortney
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to schools; amending 70 O.S. 2021,
7 Section 1210.196.4, which relates to diabetes medical
8 management plans; authorizing certain personnel to
8 use electronic glucose monitoring applications or
9 software under certain conditions; amending 70 O.S.
9 2021, Section 1210.196.8, which relates to employee
10 immunity from liability; excluding specified
10 personnel from certain responsibility and
11 disciplinary action; making language gender neutral;
11 providing an effective date; and declaring an
12 emergency.
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.4,
15
16 is amended to read as follows:
16
17 Section 1210.196.4. A. The school nurse at each school in
17
18 which a student with diabetes is enrolled shall assist the student
18
19 with the management of their his or her diabetes care as provided
19
20 for in the diabetes medical management plan for the student.
20
21 B. If a school does not have a school nurse assigned to the
21
22 school, the principal shall make an effort to seek school employees
22
23 who may or may not be health care professionals to serve as
23
24 volunteer diabetes care assistants to assist the student with the
24
Req. No. 3222 Page 1
 1 management of their his or her diabetes care as provided for in the
1
2 diabetes medical management plan for the student.
2
3 C. Each school in which a student with diabetes is enrolled
3
4 shall make an effort to ensure that a school nurse or a volunteer
4
5 diabetes care assistant is available at the school to assist the
5
6 diabetic student when needed.
6
7 D. A school employee shall not be subject to any penalty or
7
8 disciplinary action for refusing to serve as a volunteer diabetes
8
9 care assistant.
9
10 E. A school district shall not restrict the assignment of a
10
11 student with diabetes to a particular school site based on the
11
12 presence of a school nurse, contract school employee, or a volunteer
12
13 diabetes care assistant.
13
14 F. Each school nurse and volunteer diabetes care assistant
14
15 shall at all times have access to a physician.
15
16 G. For a student who uses continuous glucose monitoring with
16
17 electronic access to glucose levels, a school nurse, volunteer
17
18 diabetes care assistant, or other school staff member may, for the
18
19 purpose of monitoring the student’s glucose level through electronic
19
20 glucose monitoring, download the necessary electronic applications
20
21 or software to a school electronic device or, in the absence of a
21
22 school-provided device, his or her personal electronic device, with
22
23 written permission from a parent or legal guardian.
23
24
24
Req. No. 3222 Page 2
 1 SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.196.8,
1
2 is amended to read as follows:
2
3 Section 1210.196.8. A. A school employee may not be subject to
3
4 any disciplinary proceeding resulting from an action taken in
4
5 compliance with the Diabetes Management in Schools Act. Any
5
6 employee acting in accordance with the provisions of the act shall
6
7 be immune from civil liability unless the actions of the employee
7
8 rise to a level of reckless or intentional misconduct.
8
9 B. A school nurse shall not be responsible for and shall not be
9
10 subject to disciplinary action for actions performed by a volunteer
10
11 diabetes care assistant.
11
12 C. A school nurse, volunteer diabetes care assistant, or other
12
13 school staff shall not be responsible for and shall not be subject
13
14 to disciplinary action for lack of any monitoring of glucose levels
14
15 through electronic glucose monitoring, as described in subsection G
15
16 of Section 1210.196.4 of this title, outside of school hours or
16
17 school-sponsored activities.
17
18 SECTION 3. This act shall become effective July 1, 2024.
18
19 SECTION 4. It being immediately necessary for the preservation
19
20 of the public peace, health or safety, an emergency is hereby
20
21 declared to exist, by reason whereof this act shall take effect and
21
22 be in full force from and after its passage and approval.
22
23
23
24 59-2-3222 DC 1/8/2024 11:24:20 AM
24
Req. No. 3222 Page 3