BILL NUMBER: AB 342	CHAPTERED  06/07/07

	CHAPTER  12
	FILED WITH SECRETARY OF STATE  JUNE 7, 2007
	APPROVED BY GOVERNOR  JUNE 7, 2007
	PASSED THE SENATE  MAY 31, 2007
	PASSED THE ASSEMBLY  MAY 10, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 14, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 342, Saldana. Pupil health: individuals with exceptional needs.

   Existing law provides that any individual with exceptional needs
who requires specialized physical health care services, during the
regular schoolday, may be assisted by certain qualified persons.
   This bill would also authorize a qualified person holding a
certificate of public health in nursing to assist those individuals.




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, an 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, or hold a valid certificate of
public health nursing issued by the Board of Registered Nursing.
   (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, public health 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 Care 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.