Bill 137 2008

An Act to amend the Education Act to allow pupils with diabetes in schools to receive certain monitoring and treatment

Note: This Act amends the Education Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Education Act is amended by adding the following Part:

Part XIII.2
monitoring and Treatment of Pupils with diabetes

Notice required

   321.  (1)  When a school enrols a pupil in the school, the parent or guardian of the pupil shall provide the school with a written notice stating,

  (a)  whether the pupil has or may have diabetes; and

  (b)  if the school is an elementary school and the pupil has or may have diabetes, the times and details of the monitoring and treatment that a duly qualified medical practitioner prescribes for the pupil, including the times and details of,

           (i)  doing blood sugar checks of the pupil and determining what is the medically safe level of blood sugar for the pupil, and

          (ii)  administering insulin, glucagon or other appropriate medication to the pupil to maintain a medically safe level of blood sugar for the pupil.

Updating

   (2)  The parent or guardian of a pupil mentioned in subsection (1) shall ensure that the information provided to the school in the notice is kept up to date.

Pupil record, etc.

   (3)  A board shall ensure that the principal of a school that receives a notice mentioned in subsection (1) or updates mentioned in subsection (2) for a pupil places the notice and updates in the pupil record and sends a copy of the notice and updates to any school at which the pupil is sent during school hours.

Monitoring and treatment

   322.  (1)  Despite a regulation described in clause 11.1 (6) (e), a board shall ensure that,

  (a)  all staff members in all of its schools who have regular contact in the schools with pupils who have or may have diabetes are trained in the monitoring and treatment described in subsections (2) and (3);

  (b)  if a pupil who has or may have diabetes supplies any of the board's schools with insulin or other appropriate medication that is needed to be administered to the pupil under subsection (2) or (3) during school hours, the principal of the school ensures that the school stores the insulin or other appropriate medication so that it is available for administration under those subsections.

Non-emergencies in elementary schools

   (2)  If a duly qualified medical practitioner so prescribes in a notice provided to a school under section 321 and if the pupil in the school who has or may have diabetes or a parent or guardian of the pupil, as applicable, consents, a staff member described in clause (1) (a) shall, during school hours, do the following:

    1.  Do blood sugar checks of the pupil and determine what is the medically safe level of blood sugar for the pupil.

    2.  Subject to subsection (4), administer insulin, glucagon or other appropriate medication to the pupil to maintain a medically safe level of blood sugar for the pupil.

    3.  Provide other treatment specified in the regulations made under subsection (5).

Medical emergencies in all schools

   (3)  If a staff member described in clause (1) (a) has reason to believe that a pupil who has or may have diabetes is suffering a medical emergency, the staff member may, during school hours, do the following even if the pupil or a parent or guardian of the pupil, as applicable, has not consented:

    1.  Do blood sugar checks of the pupil and determine what is the medically safe level of blood sugar for the pupil.

    2.  Subject to subsection (4), administer insulin, glucagon or other appropriate medication to the pupil to maintain a medically safe level of blood sugar for the pupil.

    3.  Provide other treatment specified in the regulations made under subsection (5).

Pupil's responsibilities

   (4)  To the extent that it is reasonably feasible, a pupil who has or may have diabetes shall have the primary responsibility to,

  (a)  provide the supply of insulin or other appropriate medication that is needed to be administered to the pupil under subsection (2) or (3) during school hours; and

  (b)  administer to himself or herself such insulin or other appropriate medication.

Regulations

   (5)  Despite subsection (2) or (3), the Lieutenant Governor in Council may make regulations limiting or expanding the monitoring and treatment that a staff member described in clause (1) (a) is required or authorized to provide under those subsections, including circumstances in which the staff member is not required to provide such monitoring or treatment.

Immunity

   (6)  No action for damages shall be instituted against a person or body respecting any act done in good faith or for any neglect or default in good faith in accordance with this section, unless the damages are the result of gross negligence of the person or body.

Common law preserved

   (7)  This section does not affect or in any way interfere with the duties any person or body may have under common law.

Communication

   323.  (1)  A board shall ensure that the principal of each of its schools communicates to all pupils in the school, their parents and guardians and all staff members in the school the matters set out in sections 321 and 322.

Same

   (2)  If a parent or guardian provides a school with a notice mentioned in subsection 321 (1) with respect to a pupil in the school, the board for the school shall ensure that the principal of the school communicates to the pupil and the pupil's parents or guardians,

  (a)  a list of all staff members in the school who have regular contact with the pupil in the school; and

  (b)  the procedure that the school has developed for the principal to fulfil the requirement described in clause 322 (1) (b) and for staff members to act under subsection 322 (2) or (3).

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Education Amendment Act (Pupils with Diabetes), 2008.

 

EXPLANATORY NOTE

The Bill amends the Education Act. All staff members in an elementary or secondary school who have regular contact with pupils in the school who have or may have diabetes are required to have the necessary training to provide monitoring and treatment for those pupils. Those staff members are authorized to provide monitoring and treatment to any pupil who has or may have diabetes if they have reason to believe that the pupil is suffering a medical emergency.

If a parent or guardian who enrols a pupil in an elementary school provides the school with a notice stating that the pupil has or may have diabetes and setting out details of the monitoring and treatment that a duly qualified medical practitioner prescribes for the pupil, those staff members are also required to provide the monitoring and treatment prescribed in the notice if the pupil or his or her parent or guardian, as applicable, consents to the monitoring and treatment.

To the extent that is reasonably feasible, a pupil has the primary responsibility to provide the medication that the pupil needs and to administer it to himself or herself. There is protection from liability for staff members who act or fail to act in good faith.

A parent or guardian who enrols a pupil in a school is required to provide the school with a notice stating whether the pupil has diabetes. Upon receiving the notice, a school is required to communicate to the pupil and his or her parents or guardians a list of all staff members in the school who have regular contact with the pupil in the school.