H.B.ANo.A984 - Diabetes and School Care in Texas

H.B.ANo.A984
AN ACT relating to the care of elementary and secondary school students
with diabetes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 168 to read as follows:
CHAPTER 168. CARE OF STUDENTS WITH DIABETES
Sec.A168.001.AADEFINITIONS. In this chapter:
(1)AA"Diabetes management and treatment plan" means the
document required by Section 168.002.
(2)AA"Individualized health plan" means the document
required by Section 168.003.
(3)AA"Principal" includes the principal ’s designee.
(4)AA"School" means a public elementary or secondary
school. The term does not include an open-enrollment charter
school established under Subchapter D, Chapter 12, Education Code.
(5)AA"School employee" means a person employed by:
(A)AAa school;
(B)AAa local health department that assists a
school under this chapter; or
(C)AAanother entity with which a school has
contracted to perform its duties under this chapter.
(6)AA"Unlicensed diabetes care assistant" means a
school employee who has successfully completed the training
required by Section 168.005.
Sec.A168.002.AADIABETES MANAGEMENT AND TREATMENT PLAN. (a)
A diabetes management and treatment plan must be developed and
implemented for each student with diabetes who will seek care for
the student ’s diabetes while at school or while participating in a
school activity. The plan shall be developed by:
(1)AAthe student ’s parent or guardian; and
(2)AAthe physician responsible for the student ’s
diabetes treatment.
(b)AAA diabetes management and treatment plan must:
(1)AAidentify the health care services the student may
receive at school;
(2)AAevaluate the student ’s ability to manage and level
of understanding of the student ’s diabetes; and
(3)AAbe signed by the student ’s parent or guardian and
the physician responsible for the student ’s diabetes treatment.
(c)AAThe parent or guardian of a student with diabetes who
seeks care for the student ’s diabetes while the student is at school
shall submit to the school a copy of the student ’s diabetes
management and treatment plan. The plan must be submitted to and
reviewed by the school:
(1)AAbefore or at the beginning of the school year;
(2)AAon enrollment of the student, if the student
enrolls in the school after the beginning of the school year; or
(3)AAas soon as practicable following a diagnosis of
diabetes for the student.

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