BILL NUMBER: AB 1937 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2010
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 certain other licensed health care
practitioner practitioners who
is are 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 as certain immunizing agents to
those pupils. The bill would make the authorization of
registered nurses and other authorized authorize those
health care practitioners to administer as
immunizing agents contingent upon subject to
specified conditions, including 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 ,
or a health care practitioner listed in subdivision (b)
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:
(b) (1) The following health care practitioners, acting under the
direction of a supervising physician and surgeon, may administer as
immunizing agent within the course of a school immunization program:
(A) A physician assistant.
(B) A nurse practitioner.
(C) A registered nurse.
(D) A licensed vocational nurse.
(E) A nursing student who is acting under the supervision of a
registered nurse, in accordance with applicable provisions of law.
(2) A health care practitioner's authority to administer as
immunizing agent pursuant to this subdivision is subject to the
following conditions:
(1)
(A) 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
Public Health may adopt.
(2)
(B) 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.
(C) The health care practitioner may only administer immunizations
for the prevention and control of any of the following:
(i) Annual seasonal influenza.
(ii) Influenza pandemic episodes.
(iii) Other diseases that represent a current or potential
outbreak as declared by a federal, state, or local public health
officer.
(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.
(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.
(e) It is the intent of the Legislature to encourage school-based
immunization programs, when feasible, to use the California
Immunization Registry to assist providers to track patient records,
reduce missed opportunities, and to help fully immunize all children
in California.