Provides for the care of pupils with diabetes in schools in accordance with a diabetes medical management plan provided by the pupil's parent or guardian

(1) Students with diabetes shall receive diabetes care as specified in their Diabetes Medical Management Plan, which is developed by the student's health care provider and sets out the health services needed by the child during the school day to remain healthy and safe.

(2) Upon the request of the student's parent or guardian, and as authorized by the student's health care provider pursuant to the Diabetes Medical Management Plan, the student shall be allowed to attend to the care and management of his or her diabetes when and where necessary.

(3) Upon the request of the student's parent or guardian and authorization of the Diabetes Medical Management Plan, trained diabetes personnel may perform diabetes care functions.

(4) Trained diabetes personnel are school staff who volunteers to complete diabetes care training. They need not be a health care provider, and they are permitted to provide diabetes care for which they have been trained. School employees shall not be subject to a penalty or disciplinary action for refusing to serve as trained diabetes personnel.

(5) The Commissioner of Education, in conjunction with the Commissioner of Health and other interested parties, shall develop training guide-lines for the training of school employees in the care needed for students with diabetes. Training shall be provided by a licensed health care professional, and training and supervision of such school employees shall be lawful.

(6) No licensed health care professional or school employee shall be subject to disciplinary action under professional licensing regulations or school disciplinary policies as a result of the activities authorized by this legislation. School personnel shall receive the protections from liability for civil damages provided by section 3000a of the public health law.

(7) The Commissioner of Education may promulgate any rules or regulations necessary.

Section 2. Provides for the effective date.

Justification

According to the 2011 National Diabetes Fact Sheet, about 215,000 people younger than 20 years have diabetes (type 1 or type 2). This represents approximately 1 in 400 under the age of 20. The care of students with diabetes requires management throughout the school day. Diabetes must be managed because high and low blood glucose (sugar) levels can be dangerous, and because good management is needed to prevent the devastating long-term complications of diabetes, including blindness, amputation, kidney failure and heart disease. Well-managed diabetes is also crucial for the students' ability to learn. While many schools do a good job providing diabetes care and permitting students to self manage their diabetes where able, parents and clinicians in New York have reported problems with gaps in nursing coverage available to students with diabetes, and with some schools creating needless barriers to students independently and appropriately managing their diabetes when needed.

To address these concerns, the legislation would provide the option for school staff to volunteer to be trained by a licensed health care professional to provide diabetes care, and would ensure that students could independently manage their diabetes when authorized by the parent and the child's clinician. As can be seen in the National Diabetes Education Program's publication helping the Student with Diabetes Succeed: A Guide for School Personnel (2010), which includes detailed information on non-medical school staff providing care, this approach has received broad support from national medical and educational organizations. Currently, nonmedical staff in daycare settings in New York are permitted to provide diabetes care to children under their care.

Legislative history

S.4473 of 2013/14.

Fiscal implications

None.

Effective date

This act shall take effect one year after it shall have become a law, provided, however, that effective immediately, the commissioner may promulgate any rules or regulations necessary for the timely implementation of this act on such effective date.