BILL NUMBER: AB 1937 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2010
AMENDED IN SENATE MAY 25, 2010
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, and declaring the urgency thereof, to take effect
immediately.
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 certain
other licensed health care practitioners who are acting under the
direction of a supervising physician and surgeon to administer
certain immunizing agents to those pupils. The bill would authorize
those health care practitioners to administer immunizing agents
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 make other
technical changes.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. 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 a health care practitioner listed
in subdivision (b) who is acting under the direction of a supervising
physician and surgeon, to administer an immunizing agent to a pupil
whose parent or guardian has consented in writing to the
administration of the immunizing agent.
(b) (1) The following health care practitioners, acting under the
direction of a supervising physician and surgeon, may administer an
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 an
immunizing agent pursuant to this subdivision is subject to the
following conditions:
(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.
(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
49426 .
(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 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) 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.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide greater access to immunizations for school
children in time for the 2010-11 influenza season, it is necessary
that this act take effect immediately.