BILL NUMBER: AB 1937	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Fletcher
    (   Principal coauthor:   Assembly Member
  Galgiani   ) 

                        FEBRUARY 17, 2010

   An act to amend Section 49403 of the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1937, as amended, Fletcher. Pupil health: immunizations.
   Existing law requires the governing board of a school district to
cooperate with the local health officer in measures necessary for the
prevention and control of communicable diseases in schoolage
children, and authorizes the board to permit a licensed physician and
surgeon or a licensed registered nurse acting under the direction of
a supervising physician and surgeon to administer an immunizing
agent to a pupil whose parents have consented, as specified.
   This bill would also authorize a school district to permit any
other licensed health care practitioner who is acting under the
direction of a supervising physician and surgeon and whose license or
certificate authorizes the holder to administer an immunizing agent,
to administer  an   certain  immunizing
 agent   agents  to those pupils. The bill
would  make the authorization of registered nurses and other
authorized health care practitioners to administer immunizing agents
contingent upon notification of the school nurse, who would maintain
control as necessary in accordance with his or her duties as
supervisor of health. The bill would  also make other technical
changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 49403 of the Education Code is amended to read:

   49403.  (a) Notwithstanding any other law, the governing board of
a school district shall cooperate with the local health officer in
measures necessary for the prevention and control of communicable
diseases in schoolage children. For that purpose, the board may use
any funds, property, and personnel of the district, and may permit a
licensed physician and surgeon or any other health care practitioner
who is acting under the direction of a supervising physician and
surgeon and is either licensed as a registered nurse or holds a
license or certificate that authorizes the holder to administer an
immunizing agent, to administer an immunizing agent to a pupil whose
parent or guardian has consented in writing to the administration of
the immunizing agent.
   (b) A registered nurse or other authorized health care
practitioner, acting under the direction of a supervising physician
and surgeon, may perform immunization techniques within the course of
a school immunization program provided that the  following
requirements are met: 
    (1)     The  administration of an
immunizing agent is upon the standing orders of a supervising
physician and surgeon and in accordance with any written regulations
that the State Department of  Health Care Services 
 Public Health  may adopt. 
   (2) The school nurse is notified and he or she maintains control,
as necessary, as supervisor of health in accordance with Sections
44871, 44877, 49422, and subdivision (a) of Section 44926. 

   "Supervising physician and surgeon," as used in this section,

    (c)     As used in this section,
"supervising physician and surgeon"  means the physician and
surgeon of the local health department or school district that is
directing the school immunization program. 
   (c) 
    (d) While nothing in this section shall be construed to
require the physical presence of the supervising physician and
surgeon, the supervising physician and surgeon shall require a nurse
or other health care practitioner under his or her direction to do
both of the following:
   (1) Satisfactorily demonstrate competence in the administration of
the immunizing agent, including knowledge of all indications and
contraindications for the administration of the agent, and the
recognition and treatment of emergency reactions to the agent that
constitute a danger to the health or life of the person receiving the
immunization.
   (2) Possess the medications and equipment that are required, in
the medical judgment of the supervising physician and surgeon, to
treat any emergency conditions and reactions caused by the immunizing
agents that constitute a danger to the health or life of the person
receiving the immunization, and to demonstrate the ability to
administer the medications and use the equipment as necessary. 
   (e) A health care practitioner who is not a registered nurse and
is authorized to perform immunizations under the direction of a
supervising physician and surgeon pursuant to this section may only
administer immunizations that control any of the following: 

   (1) Annual seasonal influenza.  
   (2) Influenza pandemic episodes.  
   (3) Other diseases that represent a current or potential outbreak,
as declared by a local, state, or federal public health officer.