Bill Text: CA SB161 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Schools: emergency medical assistance: administration of

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-10-07 - Chaptered by Secretary of State. Chapter 560, Statutes of 2011. [SB161 Detail]

Download: California-2011-SB161-Amended.html

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BILL NUMBER: SB 161	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 13, 2011
	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  MAY 17, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 9, 2011

INTRODUCED BY   Senator Huff
   (Coauthor: Senator Rubio)
   (Coauthor: Assembly Member Halderman)

                        FEBRUARY 2, 2011

   An act to add and repeal Section 49414.7 of the Education Code,
relating to pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 161, as amended, Huff. Schools: emergency medical assistance:
administration of epilepsy medication.
   Existing law provides that in the absence of a credentialed school
nurse or other licensed nurse onsite at the school, a school
district is authorized to provide school personnel with voluntary
medical training to provide emergency medical assistance to pupils
with diabetes suffering from severe hypoglycemia.
   This bill would authorize a school district to  participate in
a program to  provide  nonmedical  school employees
with voluntary emergency medical training to provide, in the absence
of a credentialed school nurse or other licensed nurse onsite at the
school, emergency medical assistance to pupils with epilepsy
suffering from seizures, in accordance with guidelines developed by
the  State Department of Public Health in consultation with
the State Department of Education   State Department of
Education in consultation with the State Department of Public Health.
The bill would require the State Department of Education to post
these guidelines on its Internet Web site by July 1, 2012  . The
bill would allow a parent or guardian of a pupil with epilepsy who
has been prescribed an emergency antiseizure medication by the pupil'
s health care provider, to request the pupil's school to have one or
more of its employees receive voluntary training, as specified, in
order to administer the emergency antiseizure medication, as defined,
in the event that the pupil suffers a seizure when a nurse is not
available. The bill would require a school  district  that
elects to train school employees to  distribute 
 ensure that the school distributes  an electronic notice,
as specified, to all staff regarding the request. The bill would
authorize the State Department of Education to include, on its
Internet Web site, a clearinghouse of best practices in training
nonmedical personnel in administering an emergency antiseizure
medication pursuant to these provisions. The bill would make various
legislative findings and declarations, and state the intent of the
Legislature in enacting this measure. The bill would repeal these
provisions on January 1, 2017.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) All individuals with exceptional needs have a right to
participate in a free appropriate public education, and that special
instruction and services for these individuals are needed in order to
ensure they have the right to an appropriate educational opportunity
to meet their unique needs in compliance with the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.).
   (2) The safety and welfare of a pupil with epilepsy is compromised
without immediate access to an emergency antiseizure medication and,
therefore, clarification is needed to ensure that nonmedical school
staff, who have volunteered and have been trained in its correct
administration, may administer an emergency antiseizure medication.
   (3) As used in this section, "immediate access" means the time
period that the pupil's health care provider states that an
antiseizure medication must be administered, provided that it is
within the timeframe that a licensed medical person or paramedic can
reasonably be expected to respond and be available.
   (b) It is the intent of the Legislature that individuals with
exceptional needs and children with disabilities under the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.)  , the federal Individuals with Disabilities Education Act
(20 U.S.C. Sec. 1400 et seq.),  and Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) shall have a right to
an appropriate educational opportunity to meet their unique needs,
and that children suffering from seizures due to epilepsy have the
right to appropriate programs and services that are designed to meet
their unique needs. In order to meet that goal, it is the intent of
the Legislature  to authorize nurses to   that
licensed health care professionals  train and supervise
employees of school districts and county offices of education to
administer an emergency antiseizure medication to children with
epilepsy in the public schools. The American Academy of Pediatrics
and the Epilepsy Foundation of America support training of school
employees to administer an emergency antiseizure medication and
believe that an emergency antiseizure medication may be safely and
effectively administered by trained school employees. The Legislature
further finds and declares that, in the absence of a credentialed
school nurse or other licensed nurse onsite at the school, it is in
the best interest of the health and safety of children to allow
trained school employees to administer an emergency antiseizure
medication to pupils in public schools.
  SEC. 2.  Section 49414.7 is added to the Education Code, to read:
   49414.7.  (a) It is the intent of the Legislature that, whenever
possible, an emergency antiseizure medication should be administered
by a school nurse or licensed vocational nurse who has been trained
in its administration.
   (b) Notwithstanding Sections 2052 and 2732 of the Business and
Professions Code, in the absence of a credentialed school nurse or
other licensed nurse onsite at the school, a school district may 
elect to participate in a program, pursuant to this section, to
allow nonmedical employees to volunteer to provide medical assistance
to pupils with epilepsy suffering from seizures, upon request by a
parent or   guardian pursuant to subdivision (c). If the
school district elects to participate in a program pursuant to this
section, the school district shall  provide school employees
 , who volunteer pursuant to this section,  with voluntary
emergency medical training  , that is consistent with the
training guidelines established pursuant to subdivision (m),  to
provide emergency medical assistance to pupils with epilepsy
suffering from seizures. A school employee with voluntary emergency
medical training shall provide this emergency medical assistance
using a training plan approved on the department's Internet Web site
pursuant to subdivision (m), and the performance instructions set
forth by the licensed health care provider of the pupil. A school
employee who does not volunteer or who has not been trained pursuant
to subdivision (m) shall not be required to provide emergency medical
assistance pursuant to this section.
   (c) If a pupil with epilepsy has been prescribed an emergency
antiseizure medication by his or her health care provider, the pupil'
s parent or guardian may request the pupil's school to have one or
more of its employees receive training pursuant to this section in
the administration of an emergency antiseizure medication in the
event that the pupil suffers a seizure when a nurse is not available.

   (d) Pursuant to Section 504 of the federal Rehabilitation Act of
1973, as amended, (29 U.S.C. Sec. 794),  and the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.),  upon receipt of the parent's or guardian's request
pursuant to subdivision (c), the school shall notify the parent or
guardian that his or her child may qualify for services or
accommodations under the Section 504 plan  or an individualized
education program  , assist the parent or guardian with the
exploration of that option, and encourage the parent or guardian to
adopt that option if it is determined that the child is eligible for
a Section 504 plan  or an individualized education program 
.
   (e) The school may ask the parent or guardian to sign a notice
verifying that the parent or guardian was given information about
Section 504 of the federal Rehabilitation Act of 1973  and the
federal Individuals with   Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.)  , and that the parent or guardian
understands that it is his or her right to request a Section 504 plan
 or an individualized education program  at any time.
   (f) If the parent or guardian does not choose to have the pupil
assessed for a Section 504 plan  or an individualized education
program  , the school may create an individualized health plan,
seizure action plan, or other appropriate health plan designed to
acknowledge and prepare for the child's health care needs in school.
The plan may include the involvement of trained volunteer school
employees or a licensed vocational nurse.
   (g)  If a school elects to train   In 
 training  employees pursuant to this section, the school
 district  shall ensure the following:
   (1) A volunteer receives training from a licensed health care
professional regarding the administration of an emergency antiseizure
medication. A staff member who has completed training shall, if he
or she has not administered an emergency antiseizure medication
within the prior two years and there is a pupil enrolled in the
school who may need the administration of an antiseizure medication,
attend a new training program to retain the ability to administer an
emergency antiseizure medication.
   (2) Any agreement by an employee to administer an emergency
antiseizure medication is voluntary, and an employee of the school or
school district shall not directly or indirectly use or attempt to
use his or her authority or influence for the purpose of
intimidating, threatening, coercing, or attempting to intimidate,
threaten, or coerce any staff member who does not choose to
volunteer, including, but not limited to, direct contact with the
employee.
   (3) Any employee who volunteers pursuant to this section may
rescind his or her offer to administer an emergency antiseizure
medication up to three days after the completion of the training.
After that time, a volunteer may rescind his or her offer to
administer an emergency antiseizure medication with a two-week
notice, or until a new individual health plan or Section 504 plan has
been developed for an affected pupil, whichever is less.
   (4) The school shall distribute an electronic notice  no more
than twice per   school year per child  to all staff
that states the following information in bold print:
   (A) A description of the volunteer request, stating that the
request is for volunteers to administer an emergency antiseizure
medication to a pupil experiencing a severe epileptic seizure, in the
absence of a school nurse, and that this emergency antiseizure
medication is an FDA-approved, predosed, rectally administered gel
that reduces the severity of epileptic seizures.
   (B) A description of the training that the volunteer will receive
pursuant to paragraph (1).
   (C) A description of the voluntary nature of the volunteer
program, which includes the information described in paragraph (2).
   (D) The volunteer rescission timelines described in paragraph (3).

   (5) The electronic notice described in paragraph (4) shall be the
only means by which a school solicits volunteers.
   (h) An employee who volunteers pursuant to this section shall not
be required to administer an emergency antiseizure medication until
completion of the training program adopted by the school 
district  and documentation of completion is recorded in his or
her personnel file.
   (i) If a school  district  elects to participate pursuant
to this section, the school  district  shall ensure that
each  volunteer   employee who volunteers under
this section  will be provided defense and indemnification by
the school  , in accordance with   district for
any and all civil liability, in accordance with, but not limited to,
that provided in  Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code. This information shall be reduced to
writing, provided to the volunteer, and retained in the volunteer's
personnel file.
   (j) If there are no volunteers, then the school shall renotify the
pupil's parent or guardian of the option to be assessed for services
and accommodations guaranteed under Section 504 of the federal
Rehabilitation Act of 1973  and the federal Individuals with
Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.)  .
   (k) A school  district  that elects to participate
pursuant to this section shall have in place a school  district
 plan that shall include, but not be limited to, all of the
following:
   (1) Identification of existing licensed staff within the district
or region who could be trained in the administration of an emergency
antiseizure medication and could be available to respond to an
emergency need to administer an emergency antiseizure medication. The
school  shall consult with the school district or 
 district shall consult with the  county office of education
to obtain this information.
   (2) Identification of pupils who may require the administration of
an emergency antiseizure medication.
   (3) Written authorization from the parent or guardian for a
nonmedical school employee to administer an emergency antiseizure
medication.
   (4) The requirement that the parent or guardian notify the school
if the pupil has had an emergency antiseizure medication administered
within the past four hours on a schoolday.
   (5) Notification of the parent or guardian  , by the school
administrator or, if the administrator is not available, by another
school staff member,  that an emergency antiseizure medication
has been administered.
   (6) A written statement from the pupil's health care practitioner
that shall include, but not be limited to, all of the following:
   (A) The pupil's name.
   (B) The name and purpose of the medication.
   (C) The prescribed dosage.
   (D) Detailed seizure symptoms, including frequency, type, or
length of seizures that identify when the administration of an
emergency antiseizure medication becomes necessary.
   (E) The method of administration.
   (F) The frequency with which the medication may be administered.
   (G) The circumstances under which the medication may be
administered.
   (H) Any potential adverse responses by the pupil and recommended
mitigation actions, including when to call emergency services.
   (I) A protocol for observing the pupil after a seizure, including,
but not limited to, whether the pupil should rest in the school
office, whether the pupil may return to class, and the length of time
the pupil should be under direct observation.
   (J) Following a seizure, the pupil's parent and guardian and the
school nurse shall be contacted  by the school administrator or,
if the administrator is not available, by another school staff member
 to continue the observation plan as established in
subparagraph (I).
   (l) A school  district  that elects to allow volunteers
to administer an emergency antiseizure medication shall compensate a
volunteer  , in accordance with that employee volunteer's pay
scale pursuant to Section 45128,  when the administration of an
emergency antiseizure medication and subsequent monitoring of a pupil
requires a volunteer to work beyond his or her normally scheduled
hours.
   (m) (1) The  State Department of Public Health, in
consultation with the department   department, in
consultation with the State Department of Public Health  , shall
develop guidelines for the training and supervision of school
employees in providing emergency medical assistance to pupils with
epilepsy suffering from seizures  and shall post this information
on the department's Internet Web site by July 1, 2012  . The
guidelines may be developed in cooperation with interested
organizations. Upon development of the guidelines, the department
shall approve the guidelines for distribution and shall make those
guidelines available upon request.
   (2) The department shall include, on its Internet Web site, a
clearinghouse for best practices in training nonmedical personnel to
administer an emergency antiseizure medication to pupils.
   (3) Training established pursuant to this subdivision shall
include, but not be limited to, all of the following:
   (A) Recognition and treatment of different types of seizures.
   (B) Administration of an emergency antiseizure medication.
   (C) Basic emergency followup procedures, including, but not
limited to,  calling   a requirement for the
school administrator or, if the administrator is not available,
another school staff member to call  the emergency 911 telephone
number and  contacting the pupil's parent or guardian.
  to contact the pupil's parent or guardian. The
requirement for the school administrator or other school staff member
to call the emergency 911 telephone number shall not require a pupil
to be transported to an emergency room. 
   (D) Techniques and procedures to ensure pupil privacy.
   (4) Any written materials used in the training shall be retained
by the school.
   (5) Training established pursuant to this subdivision shall be
conducted by one or more of the following:
   (A) A physician and surgeon.
   (B) A physician assistant.
   (C) A credentialed school nurse.
   (D) A registered nurse.
   (E) A certificated public health nurse.
   (6) Training provided in accordance with the manufacturer's
instructions, the pupil's health care provider's instructions, and
guidelines established pursuant to this section shall be deemed
adequate training for purposes of this section.
   (n) (1)  A school employee   The  
school administrator or, if the administrator is not available,
another school staff member  shall notify the credentialed
school nurse assigned to the school district if  he or she
  an employee at the schoolsite  administers an
emergency antiseizure medication pursuant to this section.
   (2) If a credentialed school nurse is not assigned to the school
district, the school  employee   administrator
or, if the administrator is not available, another school staff
member  shall notify the superintendent of the school district,
or his or her designee, if he or she   an
employee at the schoolsite  administers an emergency antiseizure
medication pursuant to this section.
   (3) A school shall retain all records relating to the
administration of an emergency antiseizure medication while a pupil
is under the supervision of school staff.
   (o) The pupil's parent or guardian shall provide all materials
necessary to administer an emergency antiseizure medication,
including the information described in paragraph (6) of subdivision
(k). A school shall not be responsible for providing any of the
necessary materials.
   (p) For purposes of this section, the following definitions apply:

   (1) An "emergency antiseizure medication" means diazepam rectal
gel and emergency medications approved by the federal Food and Drug
Administration for patients with epilepsy for the management of
seizures by persons without the medical credentials listed in
paragraph (5) of subdivision (m).
   (2) "Emergency medical assistance" means the administration of an
emergency antiseizure medication to a pupil suffering from an
epileptic seizure.
   (q) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.