HF 2186

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for the care of 
  1.3             students with diabetes; proposing coding for new law 
  1.4             in Minnesota Statutes, chapter 121A.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [121A.38] [CARE OF STUDENTS WITH DIABETES.] 
  1.7      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  1.8   section, the terms defined in this subdivision have the meanings 
  1.9   given them. 
  1.10     (b) "School" means a school as defined in section 120A.22, 
  1.11  subdivision 4, except home-schools. 
  1.12     (c) "School employee" means any person employed in a 
  1.13  school, including any person employed by a school district, a 
  1.14  nonpublic school, or a local health department who is assigned 
  1.15  to work in a school, or who works as an independent contractor 
  1.16  in a school. 
  1.17     (d) "Diabetes care provider" means a school employee who 
  1.18  provides care under subdivision 2. 
  1.19     Subd. 2.  [REQUIRED CARE.] (a) Diabetes care providers must 
  1.20  perform at least the following functions according to the 
  1.21  written instructions of the physician of a student with diabetes:
  1.22     (1) respond to blood glucose levels that are outside the 
  1.23  student's target range; 
  1.24     (2) administer glucagon; 
  1.25     (3) administer insulin or assist a student to administer 
  2.1   insulin using the student's insulin delivery system; 
  2.2      (4) perform and record blood glucose and ketone testing or 
  2.3   assist a student with such testing; and 
  2.4      (5) follow instructions regarding a student's meals, 
  2.5   snacks, and physical education. 
  2.6      (b) A diabetes care provider must be available to perform 
  2.7   the care under paragraph (a) at each school site in which a 
  2.8   student with diabetes is enrolled.  The diabetes care provider 
  2.9   must be available to the student during the school day and when 
  2.10  the student participates in a before-school or after-school care 
  2.11  program, attends school-sponsored field trips, participates in 
  2.12  school-sponsored extracurricular activities, and travels on a 
  2.13  school bus. 
  2.14     (c) A school must make available a diabetes care provider 
  2.15  to a student with diabetes who enrolls in the school.  A school 
  2.16  must not restrict the school choices available to a student with 
  2.17  diabetes based on the student's status as a student with 
  2.18  diabetes.  A school first must obtain the written consent of the 
  2.19  parent or guardian of a student with diabetes before the school 
  2.20  transfers a student with diabetes to another school for a reason 
  2.21  related to the student's diabetes. 
  2.22     (d) Notwithstanding other law to the contrary, the 
  2.23  functions listed in paragraph (a) do not constitute the practice 
  2.24  of nursing and are exempt from all provisions in statute and 
  2.25  rule that limit the activities that can be delegated to a person 
  2.26  who is not a licensed medical professional. 
  2.27     Subd. 3.  [MONITORING AND TREATMENT.] At the request of the 
  2.28  parent or guardian of a student with diabetes, and with 
  2.29  authorization from the student's physician, a student with 
  2.30  diabetes may perform blood glucose tests, administer insulin 
  2.31  through the student's insulin delivery system, treat 
  2.32  hypoglycemia and hyperglycemia, and care for and manage the 
  2.33  student's diabetes in the classroom, other areas of the school 
  2.34  building or school grounds, and at school-related activities.  A 
  2.35  student with diabetes at all times may have with the student all 
  2.36  necessary supplies and equipment to perform the monitoring and 
  3.1   treatment functions under this subdivision. 
  3.2      [EFFECTIVE DATE.] This section is effective July 1, 2001.