Education Amendment Act (Pupils with Diabetes), 2009 Martiniuk, Gerry — Bill 137 (39th Parliament, 1st Session)

Bill 137, 39-1

Ontario — Bills

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Bill 137, Education Amendment Act (Pupils with Diabetes), 2009

Martiniuk, Gerry

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Original

[39] Bill 137 Original (PDF)

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

(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

(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

(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.

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.

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.

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.

Date Bill stage Activity Committee

March 5, 2009

Second Reading

Lost on division

March 5, 2009

Second Reading

Debate

December 3, 2008

First Reading

Carried

Debates and Progress

First Reading

December 3, 2008

Committee

Second Reading

March 5, 2009

Mr. Gerry Martiniuk, Mr. Rosario Marchese, Mrs. Liz Sandals, Mrs. Christine Elliott, Mr. Khalil Ramal, Mrs. Elizabeth Witmer, Ms. Helena Jaczek

March 5, 2009

Vote deferred.

March 5, 2009

Lost on division.

Committee

Third Reading

Royal Assent :

Coming into force :

Royal Assent.

Acts affected - Bill 137

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Education Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 137, 39-1
Type	bill
Volume / chapter	p39 s1 bill 137 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	ae3460669370190b6b3caa49b19cd46ca3f3777e

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