Oklahoma § 70-1210.196 - Type 1 diabetes informational materials

§ 70-1210.196. Type 1 diabetes informational materials

A. The State Department of Education, in coordination with any

other entity the Department deems appropriate, shall develop type 1

diabetes informational materials for parents and guardians of

students. The informational materials shall undergo periodic

updates as necessary and shall be made available to each school

district and charter school through the Department's website.

B. Beginning August 1, 2024, the school district board of

education and governing board of a charter school shall make copies

of the type 1 diabetes informational materials accessible, either

digitally or with printed materials, to the parent or guardian of a

student when the student is initially enrolled in the school and

when the student enters sixth grade.

C. The type 1 diabetes informational materials may include, but

not be limited to, the following:

1. A description of type 1 diabetes;

2. A description of the risk factors and warning signs

associated with type 1 diabetes;

3. A recommendation for students who display warning signs

associated with type 1 diabetes that the parent or guardian should

immediately consult with the student's primary care provider to

determine if immediate screening for type 1 diabetes is appropriate;

4. A description of the screening process for type 1 diabetes,

the significance of its stages, and the implications of test results

identifying the presence of each stage of type 1 diabetes; and

Oklahoma Statutes - Title 70. Schools

5. A recommendation that, following a type 1 diabetes

diagnosis, the parent or guardian should consult with the student's

primary care provider to develop an appropriate treatment plan,

which may include consultation with and examination by a specialty

care provider, such as a properly qualified endocrinologist.

Added by Laws 2024, c. 20, § 1, eff. July 1, 2024.

§70-1210.196.1. Short title.

Sections 3 through 9 of this act shall be known and may be cited

as the “Diabetes Management in Schools Act”.

Added by Laws 2007, c. 164, § 2, eff. July 1, 2007.

§70-1210.196.2. Definitions.

As used in the Diabetes Management in Schools Act:

1. “Diabetes medical management plan” means a document

developed by the personal health care team of a student that sets

out the health services that may be needed by the student at school

and is signed by the personal health care team and the parent or

guardian of the student;

2. “School” means a public elementary or secondary school. The

term shall not include a charter school established pursuant to

Section 3-132 of Title 70 of the Oklahoma Statutes;

3. “School nurse” means a certified school nurse as defined in

Section 1-116 of Title 70 of the Oklahoma Statutes, a registered

nurse contracting with the school to provide school health services,

or a public health nurse; and

4. “Volunteer diabetes care assistant” means a school employee

who has volunteered to be a diabetes care assistant and who has

successfully completed the training required by Section 6 of this

act.

Added by Laws 2007, c. 164, § 3, eff. July 1, 2007.

§70-1210.196.3. Diabetes medical management plan.

A. A diabetes medical management plan shall be developed for

each student with diabetes who will seek care for diabetes while at

school or while participating in a school activity. The plan shall

be developed by the personal health care team of each student. The

personal health care team shall consist of the principal or designee

of the principal, the school nurse, if a school nurse is assigned to

the school, the parent or legal guardian of the student, and to the

extent practicable, the physician responsible for the diabetes

treatment of the student.

B. The diabetes medical management plan shall indicate whether

the parent or legal guardian of the student with diabetes has given

written consent for a school nurse, a school employee trained by a

health care professional, or a volunteer diabetes care assistant, as

defined by Section 1210.196.2 of this title, to provide diabetes

Oklahoma Statutes - Title 70. Schools

care in accordance with Section 1210.196.5 of this title including

but not limited to the administration of glucagon to a student

experiencing a hypoglycemic emergency.

Added by Laws 2007, c. 164, § 4, eff. July 1, 2007. Amended by Laws

2023, c. 187, § 1, eff. July 1, 2023.

§70-1210.196.4. School nurse to administer management plan Volunteer diabetes care assistant - Refusal to serve as assistant.

A. The school nurse at each school in which a student with

diabetes is enrolled shall assist the student with the management of

their diabetes care as provided for in the diabetes medical

management plan for the student.

B. If a school does not have a school nurse assigned to the

school, the principal shall make an effort to seek school employees

who may or may not be health care professionals to serve as

volunteer diabetes care assistants to assist the student with the

management of their diabetes care as provided for in the diabetes

medical management plan for the student.

C. Each school in which a student with diabetes is enrolled

shall make an effort to ensure that a school nurse or a volunteer

diabetes care assistant is available at the school to assist the

diabetic student when needed.

D. A school employee shall not be subject to any penalty or

disciplinary action for refusing to serve as a volunteer diabetes

care assistant.

E. A school district shall not restrict the assignment of a

student with diabetes to a particular school site based on the

presence of a school nurse, contract school employee, or a volunteer

diabetes care assistant.

F. Each school nurse and volunteer diabetes care assistant

shall at all times have access to a physician.

G. For students with continuous glucose monitoring with

electronic access to glucose numbers, a school nurse, diabetes care

assistant, or other school staff may download the necessary

electronic applications or software to a school electronic device or

their personal electronic device, in the absence of a schoolprovided device, with written permission from the student's parent

or guardian.

Added by Laws 2007, c. 164, § 5, eff. July 1, 2007. Amended by Laws

2024, c. 149, § 1, emerg. eff. April 26, 2024.

§70-1210.196.5. Volunteer diabetes care assistants training.

A. The State Department of Health shall develop guidelines,

with the assistance of the following entities, for the training of

volunteer diabetes care assistants:

1. Oklahoma School Nurses Association;

2. The American Diabetes Association;

Oklahoma Statutes - Title 70. Schools

3. The Juvenile Diabetes Research Foundation International;

4. The Oklahoma Nurses Association;

5. The State Department of Education;

6. Oklahoma Board of Nursing;

7. Oklahoma Dietetic Association; and

8. Cooperative Council of School Administrators.

B. A school nurse or State Department of Health designee with

training in diabetes shall coordinate the training of volunteer

diabetes care assistants.

C. The training shall include instruction in:

1. Recognizing the symptoms of hypoglycemia and hyperglycemia;

2. Understanding the proper action to take if the blood glucose

levels of a student with diabetes are outside the target ranges

indicated by the diabetes medical management plan for the student;

3. Understanding the details of the diabetes medical management

plan of each student assigned to a volunteer diabetes care

assistant;

4. Performing finger sticks to check blood glucose levels,

checking urine ketone levels, and recording the results of those

checks;

5. Properly administering insulin and glucagon and recording

the results of the administration;

6. Recognizing complications that require seeking emergency

assistance; and

7. Understanding the recommended schedules and food intake for

meals and snacks for a student with diabetes, the effect of physical

activity on blood glucose levels, and the proper actions to be taken

if the schedule of a student is disrupted.

D. The volunteer diabetes care assistant shall annually

demonstrate competency in the training required by subsection C of

this section.

E. The school nurse, the principal, or a designee of the

principal shall maintain a copy of the training guidelines and any

records associated with the training.

Added by Laws 2007, c. 164, § 6, eff. July 1, 2007.

§70-1210.196.6. Student information sheet - Privacy policies.

A. Each school district shall provide, with the permission of

the parent, to each school employee who is responsible for providing

transportation for a student with diabetes or supervising a student

with diabetes an information sheet that:

1. Identifies the student who has diabetes;

2. Identifies potential emergencies that may occur as a result

of the diabetes of the student and the appropriate responses to

emergencies; and

3. Provides the telephone number of a contact person in case of

an emergency involving the student with diabetes.

Oklahoma Statutes - Title 70. Schools

B. The school employee provided information as set forth in

this section shall be informed of all health privacy policies.

Added by Laws 2007, c. 164, § 7, eff. July 1, 2007.

§70-1210.196.7. Student management of diabetes at school Designated private area.

A. In accordance with the diabetes medical management plan of a

student, a school shall permit the student to attend to the

management and care of the diabetes of the student, which may

include:

1. Performing blood glucose level checks;

2. Administering insulin through the insulin delivery system

used by the student;

3. Treating hypoglycemia and hyperglycemia;

4. Possessing on the person of the student at any time any

supplies or equipment necessary to monitor and care for the diabetes

of the student; and

5. Otherwise attending to the management and care of the

diabetes of the student in the classroom, in any area of the school

or school grounds, or at any school-related activity.

B. Each school shall provide a private area where the student

may attend to the management and care of the student’s diabetes.

Added by Laws 2007, c. 164, § 8, eff. July 1, 2007.

§70-1210.196.8. Employee immunity from liability - Nurse not

responsible for acts of volunteer diabetes care assistant.

A. A school employee may not be subject to any disciplinary

proceeding resulting from an action taken in compliance with the

Diabetes Management in Schools Act. Any employee acting in

accordance with the provisions of the act shall be immune from civil

liability unless the actions of the employee rise to a level of

reckless or intentional misconduct.

B. A school nurse shall not be responsible for and shall not be

subject to disciplinary action for actions performed by a volunteer

diabetes care assistant.

C. A school nurse, diabetes care assistant, or other school

staff shall not be responsible for and shall not be subject to

disciplinary action for lack of any monitoring of electronic glucose

numbers outside of school hours or school-sponsored activities.

Added by Laws 2007, c. 164, § 9, eff. July 1, 2007. Amended by Laws

2024, c. 149, § 2, emerg. eff. April 26, 2024.

§70-1210.196.9. Glucagon stock.

A. A school district board of education may elect to stock

glucagon to treat a student with diabetes who experiences a

hypoglycemic emergency or if the student’s prescribed glucagon is

Oklahoma Statutes - Title 70. Schools

not available on site or has expired. A board of education that

elects to stock glucagon shall adopt a policy that requires:

1. The school district to inform, in writing, the parent or

legal guardian of each student who has a diabetes medical management

plan pursuant to Section 1210.196.3 of Title 70 of the Oklahoma

Statutes that a school nurse, a school employee trained by a health

care professional, or a volunteer diabetes care assistant, as

defined by Section 1210.196.2 of Title 70 of the Oklahoma Statutes,

may administer, with parent or legal guardian written consent but

without a health care provider order, glucagon to a student with

diabetes whom the school nurse, trained employee, or volunteer

diabetes care assistant in good faith believes is having a

hypoglycemic emergency or if the student’s prescribed glucagon is

not available on site or has expired;

2. A waiver of liability executed by a parent or legal guardian

be on file with the school district prior to administration of

glucagon; and

3. The school district to designate the employee responsible

for obtaining the glucagon at each school site.

B. Written consent and a waiver of liability executed pursuant

to subsection A of this section shall be effective for the school

year for which it is granted and shall be renewed each subsequent

school year.

C. A licensed physician who has prescriptive authority may

write a prescription for glucagon to a school district in the name

of the district as a body corporate specified in Section 5-105 of

Title 70 of the Oklahoma Statutes, which shall be maintained at each

school site in accordance with the manufacturer’s instructions.

Provided, however, that nothing in this section shall be construed

as creating or imposing a duty on a school district to maintain

glucagon at a school site or sites.

D. In the event a student is believed to be having a

hypoglycemic emergency, a school employee shall contact 911 and

shall contact the student’s parent or legal guardian as soon as

possible.

Added by Laws 2023, c. 187, § 2, eff. July 1, 2023.