Bill Text: CA SB161 | 2011-2012 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: SB 161 CHAPTERED
BILL TEXT
CHAPTER 560
FILED WITH SECRETARY OF STATE OCTOBER 7, 2011
APPROVED BY GOVERNOR OCTOBER 7, 2011
PASSED THE SENATE SEPTEMBER 1, 2011
PASSED THE ASSEMBLY AUGUST 30, 2011
AMENDED IN ASSEMBLY AUGUST 26, 2011
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, 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, until January 1, 2017, would authorize a school
district, county office of education, or charter school 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 or charter school, emergency medical assistance to pupils with
epilepsy suffering from seizures, in accordance with guidelines
developed by the 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, county office of education, or charter
school that elects to train school employees to ensure that the
school or charter 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 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 that licensed health care professionals train and
supervise employees of school districts, county offices of education,
and charter schools 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 or charter school, a school
district, county office of education, or charter school 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, county office of education, or charter school elects to
participate in a program pursuant to this section, the school
district, county office of education, or charter school 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 guidelines 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 or charter 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 or charter 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 or charter 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) In training employees pursuant to this section, the school
district, county office of education, or charter school 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
charter school or an employee of the school district or county
office of education, or the charter school administrator, 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 or charter 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 or charter 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,
county office of education, or charter school and documentation of
completion is recorded in his or her personnel file.
(i) If a school district, county office of education, or charter
school elects to participate pursuant to this section, the 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) If there are no volunteers, then the school or charter 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, county office of education, or charter
school that elects to participate pursuant to this section shall have
in place a school district, county office of education, or charter
school 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 district or charter school 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
or charter 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 or
charter 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 or charter 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, county office of education, or charter
school 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 department, in consultation with the State Department
of Public Health, shall develop guidelines for the training and
supervision of school and charter 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, a requirement for the school or charter school
administrator or, if the administrator is not available, another
school staff member to call the emergency 911 telephone number and to
contact the pupil's parent or guardian. The requirement for the
school or charter 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 or charter 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) The school or charter school administrator or, if the
administrator is not available, another school staff member shall
notify the credentialed school nurse assigned to the school district,
county office of education, or charter school if 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, county office of education, or charter school, the school
or charter school 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, the
county superintendent of schools, or his or her designee, or the
charter school administrator, or his or her designee, as appropriate,
if an employee at the schoolsite administers an emergency
antiseizure medication pursuant to this section.
(3) A school or charter 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 or charter 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.
