Bill Text: CA AB1802 | 2009-2010 | Regular Session | Amended
Bill Title: Pupil health: diabetes: insulin injections.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2010-04-20 - In committee: Set, first hearing. Failed passage. [AB1802 Detail]
Download: California-2009-AB1802-Amended.html
BILL NUMBER: AB 1802 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2010
INTRODUCED BY Assembly Member Hall
( Principal coauthor: Senator
Padilla )
( Coauthor: Assembly Member
Blumenfield Coauthors: Assembly
Members Blumenfield and Nestande )
( Coauthor: Senator
Cox Coauthors: Senators Cox
and Negrete McLeod )
FEBRUARY 10, 2010
An act to add Section 49414.6 to the Education Code, relating to
pupil health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1802, as amended, Hall. Pupil health: diabetes: insulin
injections.
Existing law provides that each pupil who is required to take,
during the regular schoolday, medication prescribed for him or her by
a physician, may be assisted by the school nurse or other designated
school personnel if the school district receives a written statement
from the physician detailing the method, amount, and time schedules
by which the medication is to be taken and a written statement from
the parent or guardian of the pupil indicating the desire that the
school district assist the pupil in the matters set forth in the
physician's statement. Existing law, in the absence of a credentialed
school nurse or other licensed nurse, authorizes a school district
to provide voluntary emergency medical training to school personnel,
as defined, to administer emergency medical assistance to pupils with
diabetes suffering from severe hypoglycemia, subject to specified
conditions.
This bill would authorize a parent or guardian of a pupil with
diabetes , if a credentialed school nurse or other licensed
health care professional is not immediately available onsite at the
school, to designate one or more school employees as
parent-designated school employees for the purpose of administering
insulin to the pupil as necessary during the regular school
day schoolday when a credentialed school nurse or
other health care professional is not immediately available onsite at
the school . The bill would authorize a parent-designated
school employee to administer insulin only (1) on a
volunteer basis, (2) in accordance with the performance instructions
set forth by the licensed health care provider of the pupil, and (3)
after receiving appropriate training. The .
In order to designate an employee for these purposes, the bill
would require that the parent or guardian submit a written
statement, valid for a maximum of one year, indicating the
names of the school employees being designated, stating that those
employees have volunteered to serve and have submitted a letter of
intent, as specified, and acknowledging the provisions discussed
below regarding immunity from criminal and civil liability
as specified . The bill would require the school district
to keep a copy of that statement and ,
to obtain other specified statements from the physician of the pupil
and the parent or guardian . The bill would require a school
district, within 3 business days of , and, upon
receiving a written request from the parent or guardian of a pupil
with diabetes , to notify school staff regarding the
intent of the parent or guardian to designate school employees to
administer insulin to the pupil , and to distribute to all
staff members a written notice regarding that request, as specified
. The bill would authorize a licensed health care
professional, as described, to provide training to parent-designated
school employees in the administration of insulin and to supervise
those employees in performing that task. The bill would provide
that a parent-designated school employee who
, acting in good faith and in substantial compliance with
the instructions of the pupil's licensed health care professional,
administers insulin pursuant to the bill's provisions
is not liable in any with immunity from
criminal action or for and civil
damages in his or her individual or official capacity as a
result of administering the insulin liability, as
specified . By requiring school districts to perform additional
duties, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Diabetes is an incurable disease in which the body does not
produce or properly use insulin, a hormone needed for daily life.
(2) Diabetes is the sixth leading cause of death in the United
States.
(3) Numerous medical and scientific studies have shown that the
complications associated with the disease can be prevented through
proper disease management.
(4) Approximately 15,000 children in California have diabetes,
many of whom attend public schools.
(5) The vast majority of pupils with diabetes must receive insulin
by injection or through an insulin pump one or more times each day
during school hours as well as during other school activities.
(6) Improvements in insulin administration technology,
specifically the increased accuracy and use of insulin pumps, insulin
pens, and blood glucose monitors, have dramatically reduced medical
errors and improved the safety of daily insulin administration for
children and adults throughout the United States.
(6)
(7) Lack of access to insulin whenever needed during
the school day schoolday puts pupils
with diabetes at risk for developing serious, and potentially
life-threatening, short-and long-term complications of the disease as
well as diminishing their ability to learn.
(7)
(8) While schools have ensured that the majority of
children with diabetes have assistance with blood glucose monitoring
and glucagon administration in the event of an emergency, accessing
assistance with insulin administration remains very difficult.
(8)
(9) There is a severe nursing shortage in California,
especially in public elementary and secondary schools, with the
result that, according to the California School Nurses Organization,
there is only one credentialed school nurse for every 2,700 pupils in
the California public school system.
(9)
(10) The subject of which employees a school district
may designate to administer insulin to pupils as required by their
medical condition remains controversial, and school districts have
experienced significant confusion and uncertainty in determining how
to meet the needs of these pupils because school nurses or other
health care professionals are not always available to administer
insulin as prescribed by their health care providers.
(b) It is therefore the intent of the Legislature in enacting this
act to clarify and expand upon existing law to provide school
districts with explicit options and added flexibility in providing
insulin administration to pupils who require this service by
establishing protocols that parents of pupils with diabetes may use
to designate volunteer school employees to be trained to administer
insulin to the pupil.
SEC. 2. Section 49414.6 is added to the Education Code, to read:
49414.6. (a) Notwithstanding the Nursing Practice Act (Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code) or any other provision of law, if a
credentialed school nurse or other licensed health care professional
is not immediately available onsite at the school, the
the parent or guardian of a pupil with diabetes who
attends that school may designate one or more school employees
for the purpose of administering insulin to the pupil as necessary
during the regular school day schoolday
, as defined in subdivision (g) of Section 601 of Title 5 of the
California Code of Regulations , when a credentialed school
nurse or other licensed health care professional is not immediately
available onsite at the school . A parent-designated school
employee may administer insulin pursuant to this section only (1) on
a volunteer basis, (2) in accordance with the performance
instructions written orders set forth by the
licensed health care provider of the pupil, and (3) after receiving
appropriate training pursuant to subdivision (b). The parent or
guardian shall file a written statement, valid for a maximum of one
year, indicating the names of the school employees being designated,
stating that those employees have volunteered to serve as
parent-designated school employees and have submitted the letter of
intent described in subdivision (d), and acknowledging the immunity
from criminal and civil liability provided in subdivision (h). The
school district shall keep a copy of this statement and shall obtain
the statements required by subdivision (a) of Section 49423.
(b) A school employee may serve as a parent-designated school
employee pursuant to subdivision (a) only if he or she has been
trained in administering insulin by a licensed nurse, physician,
certified diabetes educator, or other health care professional with
expertise in diabetes. A health care professional employed by the
school district who provides training pursuant to this
subdivision shall not be responsible for the supervision of the
parent-designated school employee in administering medication to the
pupil.
(c) Within three business days of Upon
receiving a written request from the parent or guardian of a
pupil with diabetes that school staff be notified regarding the
intent of the parent or guardian to designate school employees to
administer insulin to the pupil, a school district shall
may distribute to all staff members a written
or electronic notice regarding that request that contains
all of the following information:
(1) A statement that the parent or guardian of a child with
diabetes is seeking to designate school employees to administer
insulin to the pupil.
(2) A statement, consistent with subdivision (d), that a designee
will only administer insulin on a volunteer basis and that the school
district will take no action against any staff member who does not
volunteer for designation.
(3) A statement that training will be provided to all
parent-designated school employees, pursuant to subdivision (b).
(4) A statement that parent-designated school employees are
protected from liability pursuant to subdivision (h).
(5) Information regarding who to contact to volunteer to be a
parent-designated school employee.
(d) Each parent-designated school employee shall submit a
voluntary letter of intent stating the employee's willingness to
serve as a parent-designated school employee. A school employee shall
not be required or coerced in any manner to serve as a
parent-designated school employee. The school district shall take no
disciplinary or retaliatory action against any school employee
who does not volunteer whether the employee
volunteers to serve as a parent-designated school employee
or chooses to not volunteer .
(e) All materials necessary to administer insulin shall be
provided to the district by the parent or guardian of the
pupil.
(f) Notwithstanding any other provision of law, a licensed
health care professional, including a physician,
credentialed school nurse, registered nurse, or certificated public
health nurse, may provide nurse, physician, certified
diabetes instructor, or other health care professional with expertise
in diabetes may provide training to parent-designated school
employees in the administration of insulin and supervise
those employees in performing that task. insulin. A
parent-designated employee who has received training as described in
this subdivision may administer insulin in accordance with this
section.
(g) This section is not intended to alter or diminish the rights
of pupils to receive medication at school or to restrict the persons
who may be designated by the school district to administer that
medication under any other provision of law. Nothing in this section
alters or diminishes the rights of eligible pupils or the obligations
of school districts under the federal Individuals with Disabilities
Education Act (20 U.S.C. Sec. 1400 et seq.) or Section 504 of the
federal Rehabilitation Act (29 U.S.C. Sec. 701 et seq.), and the
federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et
seq.), and the failure of a parent to designate a school employee
pursuant to subdivision (a) does not alter the school district's
obligation to administer insulin under those laws.
(h) A parent-designated school employee who, acting in good faith
and in substantial compliance with the instructions
orders of the pupil's licensed health care
professional, administers insulin pursuant to this section shall not
be liable under state law in any criminal action or for civil damages
in his or her individual or official capacity as a result of
administering the insulin.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
