Home Table of Contents

SCHOOLS

OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session

2024 Okla. Sess. Law Serv. Ch. 149 (H.B. 3327) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
Additions are indicated by Text; deletions by
Text.
Vetoes are indicated by Text ;
stricken material by Text .
CHAPTER 149
H.B. No. 3327
SCHOOLS
An Act relating to schools; amending 70 O.S. 2021, Sections 1210.196.4 and 1210.196.8, which relate to the Diabetes Management in Schools Act; authorizing certain health professionals to download student glucose monitoring numbers with written permission; providing an exception from monitoring numbers outside of school hours and activities; excluding disciplinary actions; and declaring an emergency.
SUBJECT: Schools
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 70 § 1210.196.4 >>
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.196.4, is amended to read as follows:
Section 1210.196.4. 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 school-provided device, with written permission from the student's parent or guardian.
<< OK ST T. 70 § 1210.196.8 >>
SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.196.8, is amended to read as follows:
Section 1210.196.8. 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.
SECTION 3. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved April 26, 2024.
End of Document