BILL NUMBER: AB 942 CHAPTERED
BILL TEXT
CHAPTER 684
FILED WITH SECRETARY OF STATE OCTOBER 9, 2003
APPROVED BY GOVERNOR OCTOBER 8, 2003
PASSED THE ASSEMBLY SEPTEMBER 5, 2003
PASSED THE SENATE SEPTEMBER 3, 2003
AMENDED IN SENATE AUGUST 28, 2003
AMENDED IN SENATE JULY 7, 2003
AMENDED IN ASSEMBLY APRIL 24, 2003
AMENDED IN ASSEMBLY APRIL 10, 2003
AMENDED IN ASSEMBLY MARCH 26, 2003
INTRODUCED BY Assembly Members Leno and Firebaugh
(Coauthors: Senators McPherson, Scott, and Vasconcellos)
FEBRUARY 20, 2003
An act to add Section 49414.5 to the Education Code, relating to
pupil health.
LEGISLATIVE COUNSEL'S DIGEST
AB 942, Leno. Emergency medical services: diabetes.
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.
This bill would, in the absence of a credentialed school nurse or
other licensed nurse, authorize each 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 if certain performance standards
for training and supervision are developed by the American Diabetes
Association in cooperation with several other entities for approval
and distribution by the State Department of Health Services' Diabetes
Control Program. The bill would permit certain pupils with
specified authorization to test their blood glucose level and provide
diabetes self-care in any area of the school or school grounds,
during any school-related activity, and, upon the request of the
pupil's parent or guardian, in a private location.
The bill would declare the Legislature's intent that immunity from
civil liability, as specified in existing law, shall apply to
activities authorized by the bill's provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49414.5 is added to the Education Code, to
read:
49414.5. (a) In the absence of a credentialed school nurse or
other licensed nurse onsite at the school, each school district may
provide school personnel with voluntary emergency medical training to
provide emergency medical assistance to pupils with diabetes
suffering from severe hypoglycemia, and volunteer personnel shall
provide this emergency care, in accordance with standards established
pursuant to subdivision (b) 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 (b) may not be required to provide emergency medical
assistance pursuant to this subdivision.
(b) (1) The Legislature encourages the American Diabetes
Association to develop performance standards for the training and
supervision of school personnel in providing emergency medical
assistance to pupils with diabetes suffering from severe
hypoglycemia. The performance standards shall be developed in
cooperation with the Department of Education, the California School
Nurses Organization, the California Medical Association, and the
American Academy of Pediatrics. Upon the development of the
performance standards pursuant to this paragraph, the State
Department of Health Services' Diabetes Prevention and Control
Program shall approve the performance standards for distribution and
make those standards available upon request.
(2) Training established pursuant to this subdivision shall
include all of the following:
(A) Recognition and treatment of hypoglycemia.
(B) Administration of glucagon.
(C) Basic emergency followup procedures, including, but not
limited to, calling the emergency 911 phone number and contacting, if
possible, the pupil's parent or guardian and licensed health care
provider.
(3) Training by a physician, credentialed school nurse, registered
nurse, or certificated public health nurse according to the
standards established pursuant to this section shall be deemed
adequate training for the purposes of this section.
(4) (A) A school employee shall notify the credentialed school
nurse assigned to the school district if he or she administers
glucagon pursuant to this section.
(B) If a credentialed school nurse is not assigned to the school
district, the school employee shall notify the superintendent of the
school district, or his or her designee if he or she administers
glucagon pursuant to this section.
(5) All materials necessary to administer the glucagon shall be
provided by the parent or guardian of the pupil.
(c) In the case of a pupil who is able to self-test and monitor
his or her blood glucose level, upon written request of the parent or
guardian, and with authorization of the licensed health care
provider of the pupil, a pupil with diabetes shall be permitted to
test his or her blood glucose level and to otherwise provide diabetes
self-care in the classroom, in any area of the school or school
grounds, during any school-related activity, and, upon specific
request by a parent or guardian, in a private location.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "School personnel" means any one or more employees of a school
district who volunteer to be trained to administer emergency medical
assistance to a pupil with diabetes.
(2) "Emergency medical assistance" means the administration of
glucagon to a pupil who is suffering from severe hypoglycemia.
SEC. 2. It is the intent of the Legislature that Section 1799.102
of the Health and Safety Code shall apply to activities authorized by
this act.