Bill Text: CA SB1266 | 2013-2014 | Regular Session | Amended

California Senate Bill 1266 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pupil health: epinephrine auto-injectors.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-09-15 - Chaptered by Secretary of State. Chapter 321, Statutes of 2014. [SB1266 Detail]

Download: California-2013-SB1266-Amended.html
BILL NUMBER: SB 1266	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 21, 2014
	AMENDED IN SENATE  MARCH 24, 2014

INTRODUCED BY   Senator Huff
   (Coauthor: Senator Hill)

                        FEBRUARY 21, 2014

   An act to amend Section 49414 of the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1266, as amended, Huff. Pupil health: epinephrine
auto-injectors.
   Existing law authorizes a school district or county office of
education to provide emergency epinephrine auto-injectors to trained
personnel, and authorizes trained personnel to use those epinephrine
auto-injectors to provide emergency medical aid to persons suffering
from an anaphylactic reaction. Existing law authorizes each public
and private elementary and secondary school in the state to designate
one or more school personnel on a voluntary basis to receive initial
and annual refresher training regarding the storage and emergency
use of an epinephrine auto-injector, as specified. Existing law
authorizes a school nurse, or a person who has received the training
described above if the school does not have a school nurse, to, among
other things, obtain a prescription for epinephrine auto-injectors,
as specified.
   This bill would require school  districts and 
 districts,  county offices of education  , and charter
schools  to provide emergency epinephrine auto-injectors to
trained personnel and would  require   authorize
 trained personnel  , to the extent feasible, 
to use those epinephrine auto-injectors to provide emergency medical
aid to persons suffering from an anaphylactic reaction. The bill
would require each public elementary and secondary school in the
state to designate one or more school personnel on a voluntary basis
to receive initial and annual refresher training regarding the
storage and emergency use of an epinephrine auto-injector, as
specified. The bill would require a school nurse, or a school
administrator or his or her designee who has received the training
described above if the school does not have a school nurse or the
school nurse is not onsite or available, to  , among other
things,  obtain the prescription for epinephrine
auto-injectors, as specified, and would authorize the prescription
for epinephrine auto-injectors to be filled by local or mail order
pharmacies or epinephrine auto-injector manufacturers. The bill would
require an epinephrine auto-injector to be restocked as soon as
possible after it is used and before its expiration date.
   The bill would require the school nurse or designated employee to
report any incident of epinephrine auto-injector use to the 
Superintendent of Public Instruction   school district,
county office of education, or chartering authority  on a form
developed by the Superintendent   State
Department of Education  within 30 days after the last day of
each school year. The bill would require the  Superintendent
  school district, county office of education, or
chartering authority to report any incident of epinephrine
auto-injector use to the department on those forms and would require
the department  to annually post the result of those forms on
its Internet Web site  , as specified  .  The
bill would require a school district, county office of education, or
charter school to ensure that each employee who volunteers is
provided defense and indemnification by the school district, county
office of education, or charter school for any and all civil
liability, as specified.  The bill would authorize a public
school to accept gifts, grants, and donations from any source for the
support of the public school carrying out these provisions.
   By requiring school districts and county offices of education to
perform additional duties related to epinephrine auto-injectors, 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.  Section 49414 of the Education Code is amended to read:

   49414.  (a) School  districts and  
districts,  county offices of education  , and charter
schools  shall provide emergency epinephrine auto-injectors to
trained personnel, and trained personnel  shall, to the
extent feasible,   may  use those epinephrine
auto-injectors to provide emergency medical aid to persons suffering
from an anaphylactic reaction.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "Anaphylaxis" means a potentially life-threatening
hypersensitivity to a substance.
   (A) Symptoms of anaphylaxis may include shortness of breath,
wheezing, difficulty breathing, difficulty talking or swallowing,
hives, itching, swelling, shock, or asthma.
   (B) Causes of anaphylaxis may include, but are not limited to, an
insect sting, food allergy, drug reaction, and exercise.
   (2) "Epinephrine auto-injector" means a disposable drug delivery
system with a spring-activated needle that is designed for emergency
administration of epinephrine to provide rapid, convenient first aid
for persons suffering a potentially fatal reaction to anaphylaxis.
   (c) Each private elementary and secondary school in the state may
voluntarily determine whether or not to make emergency epinephrine
auto-injectors and trained personnel available at its school. In
making this determination, a school shall evaluate the emergency
medical response time to the school and determine whether initiating
emergency medical services is an acceptable alternative to
epinephrine auto-injectors and trained personnel. A private
elementary or secondary school choosing to exercise the authority
provided under this subdivision shall not receive state funds
specifically for purposes of this subdivision.
   (d) Each public elementary and secondary school in the state
shall, and each private elementary and secondary school in the state
may, designate one or more school personnel on a voluntary basis to
receive initial and annual refresher training, based on the standards
developed pursuant to subdivision (e), regarding the storage and
emergency use of an epinephrine auto-injector from the school nurse
or other qualified person designated by the  school district
  local educational agency  physician, the medical
director of the local health department, or the local emergency
medical services director.  However, each public school shall
designate and have trained at least one person for the purposes l
  isted in subdivisions (f), (g), and (h). 
   (e) (1) Every five years, or sooner as deemed necessary by the
Superintendent, the Superintendent shall review minimum standards of
training for the administration of epinephrine auto-injectors that
satisfy the requirements of paragraph (2). For purposes of this
subdivision, the Superintendent shall consult with organizations and
providers with expertise in administering epinephrine auto-injectors
and administering medication in a school environment, including, but
not limited to, the State Department of Health Care Services, the
Emergency Medical Services Authority, the American Academy of
Allergy, Asthma, and Immunology, the California School Nurses
Organization, the California Medical Association, the American
Academy of Pediatrics, Food Allergy Research and Education, the
California Society of Allergy, Asthma and Immunology, the American
College of Allergy, Asthma and Immunology, and others.
   (2) Training established pursuant to this subdivision shall
include all of the following:
   (A) Techniques for recognizing symptoms of anaphylaxis.
   (B) Standards and procedures for the storage and emergency use of
epinephrine auto-injectors.
   (C) Emergency follow-up procedures, including calling the
emergency 911 phone number and contacting, if possible, the pupil's
parent and physician.
   (D) Instruction and certification in cardiopulmonary
resuscitation. 
   (E) Instruction on how to determine whether to use an adult
epinephrine auto-injector or a junior epinephrine auto-injector.
 
   (E) 
    (F)  Written materials covering the information required
under this subdivision.
   (3) Training established pursuant to this subdivision shall be
consistent with the most recent Voluntary Guidelines for Managing
Food Allergies In Schools and Early Care and Education Programs
published by the federal Centers for Disease Control and Prevention
and the most recent guidelines for medication administration issued
by the department.
   (4) A school shall retain for reference the written materials
prepared under subparagraph  (E)   (F)  of
paragraph (2).
   (f) A school nurse, or if the school does not have a school nurse
or the school nurse is not onsite or available, a school 
district  administrator or his or her designee who has
received training pursuant to subdivision (d), shall do the
following:   obtain from the local educational agency
physician, a physician contracting with the local educational agency,
the medical director of the local health department, or the local
emergency medical services   director a prescription for
epinephrine auto-injectors that, at a minimum, includes one adult
epinephrine auto-injector and one junior epinephrine auto-injector.
The prescription may be filled by local or mail order pharmacies or
epinephrine auto-injector manufacturers.  
   (1) Obtain from the school district physician, a physician
contracting with the school district, the medical director of the
local health department, or the local emergency medical services
director a prescription for epinephrine auto-injectors that, at a
minimum, includes one adult epinephrine auto-injector and one junior
epinephrine auto-injector. The prescription may be filled by local or
mail order pharmacies or epinephrine auto-injector manufacturers.
 
   (2) Immediately 
    (g)     A school nurse, or if the school
does not have a school nurse or the school nurse is not onsite or
available, a school administrator or his or her designee who has
received training pursuant to subdivision (d) may  administer an
epinephrine auto-injector to a person exhibiting potentially
life-threatening symptoms of anaphylaxis at school or a school
activity when a physician is not immediately available. If the
epinephrine auto-injector is used it shall be restocked as soon as
reasonably possible.  Expired epinephrine  
Epinephrine  auto-injectors shall be restocked before their
expiration date. 
   (g) 
    (h)  A person who has received training as set forth in
subdivision (d) or a school nurse shall initiate emergency medical
services or other appropriate medical follow-up in accordance with
the training materials retained pursuant to paragraph  (3)
  (4)  of subdivision (e). 
   (h) 
    (i)  No later than 30 days after the last day of each
school year, the school nurse or designated employee shall report any
incident of epinephrine auto-injector use to the 
Superintendent   school district, county office of
education, or chartering authority  on a form developed by the
 Superintendent. In compliance with federal and state privacy
laws, the Superintendent   department. The school
district, county office of education, or chartering authority shall
report any incident of epinephrine   auto-injector use to
the department on the form developed by the department. Without
violating federal and state privacy laws, the department  shall
annually publish the results of the submitted forms on  his
or her   its  Internet Web site. 
   (i) 
    (j)  A school  district or  
district,  county office of education  , or charter school
 using epinephrine auto-injectors for emergency medical aid
shall create a plan to address all of the following issues:
   (1) Designation of the individual or individuals who will provide
the training pursuant to subdivision (d).
   (2) Designation of the  school district  
local educational agency  physician, the medical director of the
local health department, or the local emergency medical services
director that the school  district or  
district,  county office of education  , or charter school
 will consult for the prescription for epinephrine
auto-injectors pursuant to  paragraph (1) of 
subdivision (f).
   (3) Documentation as to which individual, the school nurse or
other trained person pursuant to subdivision (f), in the school
 district or   district,  county office of
education  , or charter school  will obtain the prescription
from the physician and the medication from a pharmacist.
   (4) Documentation as to where the medication is stored and how the
medication will be made readily available in case of an emergency.

   (k) A school district, county office of education, or charter
school shall ensure that each employee who volunteers under this
section will be provided defense and indemnification by the school
district, county office of education, or charter school 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) 
    (l)  A public school may accept gifts, grants, and
donations from any source for the support of the public school
carrying out the provisions of this section, including, but not
limited to, the acceptance of epinephrine auto-injectors from a
manufacturer or wholesaler.
  SEC. 2.  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.