2013 -- H 5118

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LC00445

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS - EMERGENCY

GLUCAGON ADMINISTRATION

     Introduced By: Representatives Kennedy, McNamara, Valencia, Walsh, and Azzinaro

     Date Introduced: January 22, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

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hereby amended by adding thereto the following section:

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     16-21-22.1. Diabetic children - Emergency glucagon administration - Immunity for

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those administering. – (a) The department of elementary and secondary education and the

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department of health shall incorporate into their policies, rules, and regulations pertaining to

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school health programs a procedure for addressing incidents of diabetic shock in order to provide

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for the health and safety of children who have been medically identified as being prone to

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diabetic shock or who show evidence of diabetic shock. The policies, rules, and regulations shall

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include a procedure whereby a parent or legal guardian of any child may expressly authorize the

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school department and school bus drivers and monitors to administer glucagon on his or her child

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in case of an emergency and ensures that the glucagon is kept in a conspicuous place, readily

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available and that their proper use is made known to school personnel. School bus drivers and

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monitors shall receive training in the administration of glucagon. To treat a case of diabetic

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shock, trained school bus drivers and/or monitors shall administer the glucagon to an identified

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student.

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     (b) The policies, rules and regulations shall also include a procedure to allow children to

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carry and use prescription glucagon, while in school, at a school sanctioned function or event, or

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in transit to and from school or school sanctioned function or event by the school bus service

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provider; when prescribed by a licensed individual with prescriptive privileges. Children who

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need to carry prescription glucagon shall provide the school and the school bus service provider

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with medical documentation that the glucagon has been legitimately prescribed and that the child

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needs to carry it on his or her person due to a medical condition but no child shall be disciplined

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solely for failure to provide this documentation in advance.

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     (c) Parents shall provide a doctor's letter or prescription notifying the school and the

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school bus service provider of their child's diabetes and the need to administer glucagon in an

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emergency.

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     (d) No school teacher, school administrator, or school health care personnel, school bus

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driver, school bus monitor or any other school personnel shall be liable for civil damages which

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may result from acts or omissions in use of the glucagon which may constitute ordinary

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negligence; nor shall the school personnel mentioned in this subsection be liable for civil

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damages which may result from acts or omissions in the use of prescription glucagon by children

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which may constitute ordinary negligence or willful or wanton conduct. For the purposes of

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determining immunity from liability under subsection (d) only, the term "other school personnel"

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shall include any private entity providing school bus services and individual school bus drivers

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and monitors employed or otherwise engaged by such school bus entities.

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     (e) School physicians may execute standing orders and prescriptions for school nurses to

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use glucagon when there are symptoms of diabetic shock.

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     (f) The student's parent or guardian is responsible for supplying and replacing when

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necessary all prescription medication that is authorized pursuant to this section.

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     SECTION 2. This act shall take effect upon passage.

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LC00445

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS - EMERGENCY

GLUCAGON ADMINISTRATION

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     This act would provide for emergency glucagon administration to treat diabetic shock in

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schools and school buses.

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     This act would take effect upon passage.

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LC00445

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