1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3327 By: Roe
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6 AS INTRODUCED
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7 An Act relating to schools; amending 70 O.S. 2021,
7 Sections 1210.196.4 and 1210.196.8, which relate to
8 the Diabetes Management in Schools Act; authorizing
8 certain health professionals to download student
9 glucose monitoring numbers with written permission;
9 providing an exception from monitoring numbers
10 outside of school hours and activities; excluding
10 disciplinary actions; and providing an effective
11 date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.4,
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16 is amended to read as follows:
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17 Section 1210.196.4 A. The school nurse at each school in which
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18 a student with diabetes is enrolled shall assist the student with
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19 the management of their diabetes care as provided for in the
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20 diabetes medical management plan for the student.
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21 B. If a school does not have a school nurse assigned to the
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22 school, the principal shall make an effort to seek school employees
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23 who may or may not be health care professionals to serve as
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24 volunteer diabetes care assistants to assist the student with the
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 1 management of their diabetes care as provided for in the diabetes
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2 medical management plan for the student.
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3 C. Each school in which a student with diabetes is enrolled
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4 shall make an effort to ensure that a school nurse or a volunteer
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5 diabetes care assistant is available at the school to assist the
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6 diabetic student when needed.
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7 D. A school employee shall not be subject to any penalty or
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8 disciplinary action for refusing to serve as a volunteer diabetes
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9 care assistant.
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10 E. A school district shall not restrict the assignment of a
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11 student with diabetes to a particular school site based on the
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12 presence of a school nurse, contract school employee, or a volunteer
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13 diabetes care assistant.
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14 F. Each school nurse and volunteer diabetes care assistant
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15 shall at all times have access to a physician.
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16 G. For students with continuous glucose monitoring with
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17 electronic access to glucose numbers, a school nurse, diabetes care
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18 assistant, or other school staff may download the necessary
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19 electronic applications or software to a school electronic device or
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20 their personal electronic device, in the absence of a school-
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21 provided device, with written permission from the student's parent
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22 or guardian.
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23 SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.196.8,
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24 is amended to read as follows:
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 1 Section 1210.196.8 A. A school employee may not be subject to
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2 any disciplinary proceeding resulting from an action taken in
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3 compliance with the Diabetes Management in Schools Act. Any
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4 employee acting in accordance with the provisions of the act shall
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5 be immune from civil liability unless the actions of the employee
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6 rise to a level of reckless or intentional misconduct.
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7 B. A school nurse shall not be responsible for and shall not be
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8 subject to disciplinary action for actions performed by a volunteer
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9 diabetes care assistant.
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10 C. A school nurse, diabetes care assistant, or other school
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11 staff shall not be responsible for and shall not be subject to
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12 disciplinary action for lack of any monitoring of electronic glucose
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13 numbers outside of school hours or school-sponsored activities.
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14 SECTION 3. This act shall become effective November 1, 2024.
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16 59-2-9010 EK 12/30/23
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