House Bill 1481

AN ACT TO CREATE THE "DIABETES CARE FOR MISSISSIPPI STUDENTS ACT," FOR THE PURPOSE OF REQUIRING SCHOOL DISTRICTS TO RECOGNIZE DIABETES MEDICAL MANAGEMENT PLAN DEVELOPED BY A STUDENT'S DIABETIC HEALTH CARE PROVIDER THAT OUTLINES THE HEALTH AND NUTRITION SERVICES REQUIRED FOR THE MANAGEMENT OF THE STUDENT'S DIABETES CONDITION AT SCHOOL; TO PROVIDE THAT A STUDENT MAY PERFORM DIABETES MONITORING AND TREATMENT FUNCTIONS IN DESIGNATED AREAS OF THE SCHOOL UPON THE SCHOOL'S RECEIPT OF A WRITTEN REQUEST FROM SUCH STUDENT'S PARENT; TO EXEMPT PROFESSIONAL SCHOOL PERSONNEL WHO CONDUCT TRAINING OF VOLUNTEER SCHOOL PERSONNEL OR OTHER VOLUNTEERS DESIGNATED AS CARE PROVIDERS FROM LIABILITY FOR SERVICES PROVIDED AS PART OF A STUDENT'S DIABETES MEDICAL MANAGEMENT PLAN; TO REQUIRE THE PARENT OR GUARDIAN OF A STUDENT WITH DIABETES TO SUBMIT A DIABETES MEDICAL MANAGEMENT PLAN TO THE PROPER SCHOOL OFFICIALS AND PERSONNEL BEGINNING WITH THE 2021-2022 SCHOOL YEAR; TO REQUIRE SCHOOL DISTRICTS TO MAINTAIN A COPY OF THE PLAN AND A LIST OF VOLUNTEER SCHOOL PERSONNEL WHO ARE DESIGNATED AS CARE PROVIDERS AND TRAINED TO ADMINISTER GLUCAGON, INSULIN OR BOTH; TO REQUIRE THAT THE ANNUAL TRAINING OF VOLUNTEER SCHOOL PERSONNEL OR OTHER VOLUNTEERS DESIGNATED AS CARE PROVIDERS BE PROVIDED BY A LICENSED REGISTERED NURSE OR OTHER HEALTH CARE PROFESSIONAL APPROVED BY THE SCHOOL DISTRICT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION AND THE STATE DEPARTMENT OF HEALTH TO DEVELOP ANY TRAINING PROGRAMS OR GUIDELINES AND PROMULGATE ANY RULES NECESSARY TO ADMINISTER THE ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act may be known and cited as the "Diabetes Care for Mississippi Students Act."

SECTION 2. The Legislature of the State of Mississippi finds that:

(a) Diabetes is a serious, chronic disease that impairs

the body's ability to use food.

(b) Diabetes must be managed twenty—four (24) hours a day in order to avoid the potentially life—threatening short—term consequences of blood glucose levels that are either too high

(hyperglycemia) or too low (hypoglycemia) and to avoid or delay the serious long—term complications of high blood glucose which include blindness, amputation, heart disease and kidney failure.

(c) Students with diabetes who are able to perform their diabetes care tasks without assistance should be allowed to perform them in a school setting whether or not that setting may be during the normal school day or on or off campus; and

(d) Students with diabetes who are not capable of performing their own diabetes care tasks because of age, inexperience or other factors will need assistance from the school nurse, volunteer school personnel or other volunteers who have completed training in diabetes care tasks, including the administration of glucagon or insulin.

SECTION 3. As used in this act, the following terms shall have the meanings ascribed in this section, unless context clearly requires otherwise:

(a) "School" means any primary or secondary public or charter school with the State of Mississippi;

(b) "Diabetes Medical Management Plan" means a document developed by a student's diabetic health care provider that outlines the health and nutrition services required for the management of the student's diabetes condition at school and is signed by the student's diabetic health care provider and a parent or guardian of the student.

SECTION 4. (1) Upon written request of a parent or guardian of a student with diabetes and authorization by the diabetic health care provider of the student, a student may, in designated areas of the school, or, in cases of emergency, in the classroom or in other designated areas of the school, school grounds, or at school—related activities:

(a) Perform blood glucose checks;

(b) Administer insulin or glucagon through the insulin or glucagon delivery system the student uses;

(d) Possess on his or her person the necessary supplies and equipment to perform diabetes monitoring and treatment functions; and

(e) Perform other similar functions related to diabetes care management.

(2) A student performing diabetes monitoring and treatment functions as set out above shall, upon request of the student's parent or guardian, have access to a private area to perform such functions.

(3) A school district or school officials or personnel shall not require or pressure a parent or guardian of a student with diabetes to provide diabetes care at school or a school—related activity.

SECTION 5. A school district, school district employee, or an agent of a school district, including a health—care professional who conducts training of volunteer school personnel or other volunteers designated as care providers, or a volunteer care provider, shall not be liable for any damages resulting from his or her actions or inactions under this act.

SECTION 6. (1) (a) Beginning with the 2021-2022 school year, the parent or guardian of a student with diabetes shall submit to the proper school officials and personnel a Diabetes Medical Management Plan that covers diabetes management and is based on the orders of a diabetic health care provider. The plan may provide that any trained volunteer school personnel or other volunteers are allowed, in an emergency situation, to administer glucagon, insulin or both to a student who is diagnosed with diabetes.

(b) The school district shall maintain a copy of the plan, a list of volunteer school personnel who are designated as care providers and trained to administer glucagon, insulin or both, and a copy of the parent's or guardian's signed authorization.

(2) A licensed registered nurse or other health care professional approved by the school district shall annually train volunteer school personnel or other volunteers designated as care providers in a plan of a student submitted under subsection (1) of this section to administer glucagon, insulin or both to a student with diabetes.

(3) If a parent or guardian of a student with diabetes chooses to have care provided by a volunteer care provider, the parent or guardian of a student with diabetes shall sign an authorization to allow the administration of glucagon or insulin or both to the student by volunteer school personnel or other volunteers designated as care providers in the plan of a student submitted under subsection (1) of this section.

SECTION 7. (1) In preparation for the submittal of Diabetes Medical Management Plans described in Section 6 of this act, the State Department of Education and the State Department of Health, in consultation with any appropriate persons, associations, or public or private agencies, shall develop any training programs or guidelines and promulgate any rules necessary to administer the provisions of this act. Regulations, training programs or guidelines to implement the provisions of this act shall be administered by the State Department of Education, provided that the department may delegate administration of training programs to local public school districts. Local public school districts shall submit to the department annually, by July 1 of each year, the district's plan to comply with this act.

(2) A copy of the regulations, training programs or guidelines to implement the provisions of Section 5 of this act shall be delivered to the chairmen of the House and Senate Education Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on or before December 1, 2020.

(3) In addition to the regulations promulgated to implement the provisions of Section 5 of this act, the report shall include recommendations for any changes in state law needed to effectuate the purposes and intent of this act, including, but not limited to, amendments to the "Mary Kirkpatrick Haskell-Mary Sprayberry Public School Nurse Program" and the Mississippi Tort Claims Act to provide personal and civil liability protection for school personnel.

SECTION 8. This act shall take effect and be in force from and after July 1, 2020.