Oregon State Laws Affecting Diabetes Care at School

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Oregon State Laws Affecting Diabetes Care at School

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From The Oregon State Legislative Website

Chapter 433 - Disease and Condition Control; Mass Gatherings; Indoor Air: 2003 Edition

Programs to Treat Allergic Response or Hypoglycemia

433.800 Definitions for ORS 433.800 to 433.830. As used in ORS 433.800 to 433.830, unless the context requires otherwise:

(1) “Allergen” means a substance, usually a protein, which evokes a particular adverse response in a sensitive individual.

(2) “Allergic response” means a medical condition caused by exposure to an allergen, with physical symptoms that may be life threatening, ranging from localized itching to severe anaphylactic shock and death.

(3) “Hypoglycemia” means a condition in which a person experiences low blood sugar, producing symptoms that may range from drowsiness to loss of muscle control so that chewing or swallowing is impaired, to irrational behavior in which food intake is resisted, or to convulsions, fainting or coma.

(4) “Other treatment” means oral administration of food containing glucose or other forms of carbohydrate, such as jelly or candy.

(5) “Other treatment has failed” means the hypoglycemic student’s symptoms have worsened or the student has become incoherent, unconscious or unresponsive. [1989 c.299 §2; 1997 c.345 §1]

433.805 Policy. It is the purpose of ORS 433.800 to 433.830 to provide a means of authorizing certain individuals when a licensed health care professional is not immediately available to administer lifesaving treatment to persons who have severe allergic responses to insect stings and other specific allergens and to persons who are experiencing severe hypoglycemia when other treatment has failed or cannot be initiated. [1981 c.367 §1; 1989 c.299 §3; 1997 c.345 §2]

433.810 Duties of Department of Human Services; rules. The Department of Human Services shall:

(1) Adopt rules necessary for the administration of ORS 433.800 to 433.830 including defining circumstances under which 433.800 to 433.815 and 433.825 shall apply. The department shall include input from the educational system, health care provider organizations and other interested parties when adopting rules or amending those rules.

(2) Develop or approve protocols for educational training as described in ORS 433.815, including the use of mechanisms for periodic retraining of individuals, and provide the protocols for educational training upon request to schools, health care professionals, parents or guardians of students or other interested parties. [1981 c.367 §2; 1989 c.299 §4; 1997 c.345 §3]

433.815 Educational training. Educational training required by ORS 433.800 to 433.830 shall be conducted under the supervision of a physician licensed under ORS chapter 677 or a nurse practitioner licensed under ORS chapter 678 to practice in this state. The training may be conducted by a health care professional licensed under ORS chapter 678 as delegated by a supervising professional. The curricula shall minimally include the following subjects:

(1) Recognition of the symptoms of systemic allergic responses to insect stings and other allergens;

(2) Recognition of the symptoms of hypoglycemia;

(3) Familiarity with common factors that are likely to elicit systemic allergic responses and common factors that may induce hypoglycemia;

(4) Proper administration of a subcutaneous injection of epinephrine for severe allergic responses to insect stings and other specific allergens;

(5) Proper administration of a subcutaneous injection of glucagon for severe hypoglycemia when other treatment has failed or cannot be initiated; and

(6) Necessary follow-up treatment. [1981 c.367 §3; 1989 c.299 §5; 1997 c.345 §4]

433.820 Eligibility for training. A person eligible to receive the training described in ORS 433.815 must meet the following requirements:

(1) Be 21 years of age or older; and

(2) Have, or reasonably expect to have, responsibility for or contact with at least one other person as a result of the eligible person’s occupational or volunteer status, such as camp counselors, scout leaders, school personnel, forest rangers, tour guides or chaperones. [1981 c.367 §4; 1997 c.345 §5]

433.825 Availability of doses of epinephrine and glucagon to trained persons. (1) A person who has successfully completed educational training described in ORS 433.815 for severe allergic responses may receive from any health care professional with appropriate prescriptive privileges licensed under ORS chapter 677 or 678 in this state a prescription for premeasured doses of epinephrine and the necessary paraphernalia for administration. The person may possess and administer in an emergency situation when a licensed health care professional is not immediately available such prescribed epinephrine to any person suffering a severe allergic response.

(2) A person who has successfully completed educational training in the administration of glucagon as described in ORS 433.815 for hypoglycemia may receive from the parent or guardian of a student doses of glucagon prescribed by a health care professional with appropriate prescriptive privileges licensed under ORS chapter 677 or 678 in this state, as well as the necessary paraphernalia for administration. The person may possess and administer glucagon to the student for whom the glucagon is prescribed, if the student is suffering a severe hypoglycemic reaction in an emergency situation when a licensed health care professional is not immediately available and other treatment has failed or cannot be initiated. [1981 c.367 §5; 1989 c.299 §6; 1997 c.345 §6]

433.830 Immunity of trained person and institution rendering emergency assistance. (1) No cause of action shall arise against a person who has successfully completed an educational training program described in ORS 433.815 for any act or omission of the person when acting in good faith while rendering emergency treatment pursuant to the authority granted by ORS 433.800 to 433.830, except where such conduct can be described as wanton misconduct.

(2) No cause of action shall arise against an institution, facility, agency or organization when acting in good faith to allow for the rendering of emergency treatment pursuant to the authority granted by ORS 433.800 to 433.830, except where such conduct can be described as wanton misconduct. [1981 c.367 §6; 1997 c.345 §7]