BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1937|
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                                    CONSENT


          Bill No:  AB 1937
          Author:   Fletcher (R), et al
          Amended:  6/23/10 in Senate
          Vote:     27 - Urgency

           
           SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE  :  7-0,  
            6/14/10
          AYES:  Negrete McLeod, Aanestad, Calderon, Correa, Florez,  
            Walters, Yee
          NO VOTE RECORDED:  Wyland, Oropeza

           SENATE EDUCATION COMMITTEE  :  8-0, 6/30/10
          AYES:  Romero, Huff, Alquist, Emmerson, Hancock, Liu,  
            Price, Simitian
          NO VOTE RECORDED:  Wyland

           ASSEMBLY FLOOR  :  72-1, 5/6/10 - See last page for vote


           SUBJECT  :    Pupil health:  immunizations

           SOURCE  :     Author


           DIGEST  :    This bill expands the health care practitioners  
          who are authorized to administer immunizations to students  
          with a written parental consent to include physician  
          assistances, nurse practitioners, licensed vocational  
          nurses, and nursing students acting under the supervision  
          of a Registered Nurse, and applies existing requirements  
          that apply to nurses in the administration of immunizations  
          to these health care practitioners.
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           ANALYSIS  :    

           Existing law
           
          1. Establishes the Communicable Disease Control Branch  
             within the Department of Public Health (DPH) to monitor,  
             identify, prevent, and control infectious diseases that  
             pose a threat to public health.

          2. Establishes the educational and child care facility  
             immunization requirements to provide a means of total  
             immunization of appropriate age groups against specified  
             childhood diseases including diphtheria, hepatitis B,  
             measles, mumps, pertussis, rubella, tetanus, varicella  
             (chicken pox), and any other diseases that is consistent  
             with the most current recommendations of the United  
             States Public Health Services' Centers for Disease  
             Control Immunization Practices Advisory Committee and  
             the American Academy of Pediatrics Committee of  
             Infectious Diseases, and deemed appropriate by DPH.

          3. Requires students in grades K-12 to obtain specified  
             immunizations prior to their first admission into an  
             educational institution.  States that immunizations may  
             be obtained from any public or private source desired if  
             the immunization is administered and records are made,  
             as specified.

          4. Requires DPH, in consultation with the Department of  
             Education, to adopt and enforce these immunization  
             requirements.

          5. Requires the governing board of any school district to  
             cooperate with the local health officer if necessary for  
             the prevention and control of communicable diseases in  
             school age children.  Allows the board to use any funds,  
             property, and personnel of the district, and may permit  
             any licensed physician and surgeon, or a Registered  
             Nurse acting under the direction of a supervising  
             physician and surgeon, to administer an immunizing agent  
             to any pupil with written parental consent.

          6. Allows a Registered Nurse, acting under the direction of  

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             a supervising physician and surgeon, to perform  
             immunization techniques within the course of a school  
             immunization program provided that the administration of  
             an immunizing agent is upon the standing orders of a  
             supervising physician and surgeon and in accordance with  
             written regulations adopted by the Department of Health.

          7. States that the supervising physician and surgeon shall  
             require a nurse who administers immunizations pursuant  
             to item #5) above, under his/her direction, to do both  
             the following:

             A.    Satisfactorily demonstrate competence in the  
                administration of immunizing agents, including  
                knowledge of all indications and contraindications  
                for the administration of such agents, and in the  
                recognition and treatment of any emergency  
                reactions to such agents which constitute a danger  
                to the health or life of the person receiving the  
                immunization.

             B.    Possess such medications and equipment as  
                required, in the medical judgment of the  
                supervising physician and surgeon, to treat any  
                emergency conditions and reactions caused by the  
                immunizing agents and which constitute a danger to  
                the health or life of the person receiving the  
                immunization, and to demonstrate the ability to  
                administer such medications and to utilize such  
                equipment as necessary.

          8. States that a school nurse is a Registered Nurse  
             licensed by the Board of Registered Nursing, as  
             specified.  Allows a school nurse, if authorized by the  
             local governing board, to perform specific services  
             including conducting immunization programs, as  
             specified, assessing and evaluating the health and  
             developmental status of pupils, counseling regarding  
             health-related attendance problems, and designing and  
             implementing health maintenance plans, as specified.  

          This bill:

          1. Authorizes the following health care practitioners,  

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             acting under the direction of a supervising physician  
             and surgeon, to administer an immunizing agent within  
             the course of a school immunization program:  

             A.    Physician assistant (PA)
             B.    Nurse practitioner (NP)
             C.    Licensed vocational nurse (LVN)
             D.    A nursing student acting under the supervision of  
                a Registered Nurse (RN), to administer immunizations  
                within the course of a school immunization program.

          2. States that a PA, NP, LVN, and a nursing student acting  
             under the supervision of an RN may administer an  
             immunizing agent if ordered by a supervising physician  
             and surgeon, and the administration is in accordance  
             with any written regulations that the DPH may adopt.

          3. Applies the following existing requirements that apply  
             to RNs in the administration of a school immunization to  
             PAs, NPs, LVNs, and a nursing student acting under the  
             supervision of an RN:

             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 DPH may adopt.

             B.    The school nurse is notified and he or she  
                maintains control, as necessary, as supervisor of  
                health, as specified.

          4. Limits the administration of immunizations for the  
             prevention and control of any of the following:  annual  
             seasonal influenza, influenza pandemic episodes, and  
             other diseases that represent a current or potential  
             outbreak as declared by a federal, state, or local  
             public health officer.

          5. States that 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.

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           Background
           
           California School Immunization Law  .  According to the DPH,  
          whenever children are brought into group settings, there is  
          a potential for the spread of infectious diseases.  To  
          prevent some of the most serious infections, existing law,  
          commonly referred to as California School Immunization Law,  
          requires children enrolled in Grades K-12, child care  
          centers, day nurseries, family day care homes or  
          developmental centers to be immunized prior to admission  
          into these institutions.  These required immunizations  
          include diphtheria, tetanus, pertussis, polio, measles,  
          mumps, rubella, hepatitis B, and varicella (chicken pox).   
          In addition, the law requires that the immunization records  
          of all children enrolled must be maintained by these  
          institutions and to submit reports to the health  
          department.  

          To ensure that health care providers have rapid access to  
          complete and up-to-date immunization records, the  
          California Immunization Information Registry (registry) was  
          created as a collaboration of immunization registries that  
          ensures the secure, electronic exchange of immunization  
          records to support the elimination of vaccine preventable  
          diseases.  The goal of the registry is to improve  
          immunization rates for all California children through an  
          innovative public-private partnership.  It  is a  
          collaborative effort involving local health departments,  
          the DPH's Immunization Branch, and a spectrum of key  
          stakeholders across the state.  The registry is working to  
          develop an integrated, statewide computerized registry to  
          network each child's full immunization history. A major  
          objective is to eliminate both missed opportunities to  
          immunize and unnecessary duplicative immunizations. 

          Current law also 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 school age children.  Governing  
          boards are authorized to use any funds, property, and  
          personnel of the district, and may permit any physician and  
          surgeon, or a licensed Registered Nurse acting under the  
          direction of a supervising physician and surgeon, to  

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          administer an immunizing agent to any pupil whose parents  
          have consented in writing to the administration of such  
          immunizing agent.  A Registered Nurse that administers  
          immunizations must satisfactorily demonstrate competence in  
          the administration of immunizing agents, as specified, and  
          possess such medications and equipment as required, in the  
          medical judgment of the supervising physician and surgeon,  
          to treat emergency conditions and reactions caused by the  
          immunizing agents, and to demonstrate the ability to  
          administer such medications and to utilize such equipment  
          as necessary.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/30/10)

          BayBio
          California Academy of Family Physicians
          California Medical Association
          California School Nurses Organization
          County Health Executives Association of California 
          Health Officers Association of California
          Kaiser Permanente
          MedImmune, Inc

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          over the past several years and most recently with the H1N1  
          outbreak, public health officials, including current U.S.  
          Health and Human Services Secretary Kathleen Sebelius, have  
          supported schools as alternative vaccination sites.   
          Unfortunately, with drastic cuts to school district  
          budgets, many California schools lack a school nurse on  
          site or have enough nurses available to handle a district  
          wide vaccination program should they wish to undertake such  
          an endeavor.  In order to supplement the work of school  
          nurses, this bill provides the option to utilize nursing  
          professionals to assist with certain school based  
          vaccination programs

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  

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            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            Leon, DeVore, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Gaines, Galgiani, Garrick, Hagman,  
            Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Miller, Monning, Nava, Nestande, Niello, Norby, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NOES:  Nielsen
          NO VOTE RECORDED:  Bass, Block, De La Torre, Furutani,  
            Gilmore, Mendoza, Vacancy


          JJA:do  7/2/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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