BILL NUMBER: AB 1667	CHAPTERED
	BILL TEXT

	CHAPTER  414
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE ASSEMBLY  AUGUST 14, 2006
	PASSED THE SENATE  AUGUST 10, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  AUGUST 29, 2005
	AMENDED IN ASSEMBLY  MAY 27, 2005
	AMENDED IN ASSEMBLY  MAY 2, 2005
	AMENDED IN ASSEMBLY  APRIL 12, 2005

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 22, 2005

   An act to amend Section 49423.5 of the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1667, Saldana  Pupil health: individuals with exceptional
needs: specialized physical health care services.
   Existing law provides that any individual with exceptional needs
who requires specialized physical health care services, as defined,
during the regular schoolday, may be assisted by certain specified
individuals.
   This bill would, instead, provide that any individual with
exceptional needs who requires specialized physical health care
services, during the regular schoolday, may be assisted by certain
specified individuals, including designated school personnel, as
provided.
   The bill would declare the intent of the Legislature that none of
the provisions of the bill cause the placement of individuals with
exceptional needs at schoolsites other than those they would attend
but for their needs for specialized physical health care services.
   The bill would also make technical, nonsubstantive changes to
those provisions.


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


  SECTION 1.  Section 49423.5 of the Education Code is amended to
read:
   49423.5.  (a) Notwithstanding Section 49422, any individual with
exceptional needs who requires specialized physical health care
services, during the regular schoolday, may be assisted by any of the
following individuals:
   (1) Qualified persons who possess an appropriate credential issued
pursuant to Section 44267 or 44267.5.
   (2) Qualified designated school personnel trained in the
administration of specialized physical health care if they perform
those services under the supervision, as defined by Section 3051.12
of Title 5 of the California Code of Regulations, of a credentialed
school nurse or licensed physician and surgeon and the services are
determined by the credentialed school nurse or licensed physician and
surgeon, in consultation with the physician treating the pupil, to
include all of the following:
   (A) Routine for the pupil.
   (B) Pose little potential harm for the pupil.
   (C) Performed with predictable outcomes, as defined in the
individualized education program of the pupil.
   (D) Does not require a nursing assessment, interpretation, or
decisionmaking by the designated school personnel.
   (b) Specialized health care or other services that require
medically related training shall be provided pursuant to the
procedures prescribed by Section 49423.
   (c) Persons providing specialized physical health care services
shall also demonstrate competence in basic cardiopulmonary
resuscitation and shall be knowledgeable of the emergency medical
resources available in the community in which the services are
performed.
   (d) "Specialized physical health care services," as used in this
section, include catheterization, gastric tube feeding, suctioning,
or other services that require medically related training.
   (e) Regulations necessary to implement this section shall be
developed jointly by the State Department of Education and the State
Department of Health Services, and adopted by the state board.
   (f) This section does not diminish or weaken any federal
requirement for serving individuals with exceptional needs under the
Individuals with Disabilities Education Improvement Act (20 U.S.C.
Sec. 1400 et seq.), and its implementing regulations, and under
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794)
and its implementing regulations.
   (g) Nothing in this section affects current state law or
regulation regarding medication administration.
   (h) It is the intent of the Legislature that nothing in this
section shall cause the placement of individuals with exceptional
needs at schoolsites other than those they would attend but for their
needs for specialized physical health care services.