AN
ACT Relating to accommodating children with diabetes in schools; adding new
sections to chapter 28A.210 RCW; creating a new section; and providing an
effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 28A.210 RCW to read as follows:
The
legislature finds that diabetes imposes significant health risks to students
enrolled in the state's public schools and that providing for the medical needs
of students with diabetes is crucial to ensure both the safety of students with
diabetes and their ability to obtain the education guaranteed to all citizens
of the state. The legislature also finds that children with diabetes can and
should be provided with a safe learning environment and access to all other
nonacademic school sponsored activities. The legislature further finds that an
individual health plan for each child with diabetes should be in place in the
student's school and should include provisions for a parental signed release
form, medical equipment and storage capacity, and exceptions from school
policies, school schedule, meals and eating, disaster preparedness, inservice
training for staff, legal documents for parent-designated adults who may
provide care, as needed, and personnel guidelines describing who may assume
responsibility for activities contained in the student's individual health
plan.
NEW
SECTION. Sec. 2. A
new section is added to chapter 28A.210 RCW to read as follows:
(1)
School districts shall provide individual health plans for students with
diabetes, subject to the following conditions:
(a)
The board of directors of the school district shall adopt policies to be
followed for students with diabetes. The policies shall include, but need not
be limited to:
(i)
The acquisition of parent requests and instructions;
(ii)
The acquisition of orders from licensed health professionals prescribing within
the scope of their prescriptive authority for monitoring and treatment at
school;
(iii)
The provision for storage of medical equipment and medication provided by the
parent;
(iv)
The provision for students to perform blood glucose tests, administer insulin,
treat hypoglycemia and hyperglycemia, and have easy access to necessary
supplies and equipment to perform monitoring and treatment functions as
specified in the individual health plan. The policies shall include the option
for students to carry on their persons the necessary supplies and equipment and
the option to perform monitoring and treatment functions anywhere on school
grounds including the students' classrooms, and at school-sponsored events;
(v)
The establishment of school policy exceptions necessary to accommodate the
students' needs to eat whenever and wherever necessary, have easy, unrestricted
access to water and bathroom use, have provisions made for parties at school
when food is served, eat meals and snacks on time, and other necessary
exceptions as described in the individual health plan;
(vi)
The assurance that school meals are never withheld because of nonpayment of
fees or disciplinary action;
(vii)
A description of the students' school day schedules for timing of meals,
snacks, blood sugar testing, insulin injections, and related activities;
(viii)
The development of individual emergency plans;
(ix)
The distribution of the individual health plan to appropriate staff based on
the students' needs and staff level of contact with the students;
(x)
The possession of legal documents for parent-designated adults to provide care,
if needed; and
(xi)
The updating of the individual health plan at least annually or more
frequently, as needed; and
(b)
The board of directors, in the course of developing the policies in (a) of this
subsection, shall seek advice from one or more licensed physicians or nurses or
diabetes educators who are nationally certified.
(2)(a)
For the purposes of this section, "parent-designated adult" means a
volunteer, who may be a school district employee, who receives additional
training from a health care professional or expert in diabetic care selected by
the parents, and who provides care for the child consistent with the individual
health plan.
(b)
To be eligible to be a parent-designated adult, a school district employee not
licensed under chapter 18.79 RCW shall file, without coercion by the employer,
a voluntary written, current, and unexpired letter of intent stating the
employee's willingness to be a parent-designated adult. If a school employee
who is not licensed under chapter 18.79 RCW chooses not to file a letter under this
section, the employee shall not be subject to any employer reprisal or
disciplinary action for refusing to file a letter.
(3)
The board of directors shall designate a professional person licensed under
chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and
advanced registered nurse practitioners, to consult and coordinate with the
student's parents and health care provider, and train and supervise the
appropriate school district personnel in proper procedures for care for
students with diabetes to ensure a safe, therapeutic learning environment.
Training may also be provided by a diabetes educator who is nationally
certified. Parent-designated adults who are school employees are required to
receive the training provided under this subsection. Parent-designated adults
who are not school employees shall show evidence of comparable training. The
parent-designated adult must also receive additional training as established in
subsection (2)(a) of this section for the additional care the parents have
authorized the parent-designated adult to provide. The professional person
designated under this subsection is not responsible for the supervision of the
parent-designated adult for those procedures that are authorized by the
parents.
NEW
SECTION. Sec. 3. The
superintendent of public instruction and the secretary of the department of
health shall develop a uniform policy for all school districts providing for
the inservice training for school staff on symptoms, treatment, and monitoring
of students with diabetes and on the additional observations that may be needed
in different situations that may arise during the school day and during school
sponsored events. The policy shall include the standards and skills that must
be in place for inservice training of school staff.
NEW
SECTION. Sec. 4. A
new section is added to chapter 28A.210 RCW to read as follows:
A
school district, school district employee, agent, or parent-designated adult
who, acting in good faith and in substantial compliance with the student's
individual health plan and the instructions of the student's licensed health
care professional, provides assistance or services under section 1 or 2 of this
act shall not be liable in any criminal action or for civil damages in his or
her individual or marital or governmental or corporate or other capacities as a
result of the services provided under section 1 or 2 of this act to students
with diabetes.
NEW
SECTION. Sec. 5. This
act takes effect July 1, 2002.
