BILL NUMBER: SB 1051 INTRODUCED BILL TEXT INTRODUCED BY Senator Huff FEBRUARY 16, 2010 An act to add Section 49414.7 to the Education Code, relating to pupil health. LEGISLATIVE COUNSEL'S DIGEST SB 1051, as introduced, Huff. Emergency medical assistance: administration of diastat. Existing law provides that in the absence of a credentialed school nurse or other licensed nurse onsite at the school, a school district is authorized to provide school personnel with voluntary medical training to provide emergency medical assistance to pupils with diabetes suffering from severe hypoglycemia. This bill would authorize a school district, in the absence of a credentialed school nurse or other licensed nurse onsite at the school, to provide school employees with voluntary emergency medical training to provide emergency medical assistance to pupils with epilepsy suffering from seizures in accordance with performance standards developed by specified entities. The bill would require the State Department of Public Health to approve the performance standards for distribution and make the standards available upon request. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares that all individuals with exceptional needs have a right to participate in a free appropriate public education, and that special instruction and services for these individuals are needed in order to ensure they have the right to an appropriate educational opportunity to meet their unique needs in compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (b) It is the intent of the Legislature that individuals with exceptional needs and children with disabilities under the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) shall have a right to an appropriate educational opportunity to meet their unique needs, and that children suffering from seizures due to epilepsy have the right to appropriate programs and services that are designed to meet their unique needs. In order to meet that goal, it is the intent of the Legislature to authorize nurses to train and supervise employees of school districts and county offices of education to administer diastat to children with epilepsy in the public schools. The American Academy of Pediatrics and the Epilepsy Foundation of America support training of school employees to administer diastat and believe that diastat may be safely and effectively administered by trained school employees. The Legislature further finds and declares that it is in the best interest of the health and safety of children to allow trained school employees to administer diastat to pupils in public schools. SEC. 2. Section 49414.7 is added to the Education Code, to read: 49414.7. (a) In the absence of a credentialed school nurse or other licensed nurse onsite at the school, a school district may provide school employees with voluntary emergency medical training to provide emergency medical assistance to pupils with epilepsy suffering from seizures. A school employee with voluntary emergency medical training shall provide this emergency medical assistance in accordance with the standards established pursuant to subdivision (b), and the performance instructions set forth by the licensed health care provider of the pupil. A school employee who does not volunteer or who has not been trained pursuant to subdivision (b) shall not be required to provide emergency medical assistance pursuant to this section. (b) (1) The Legislature encourages the Epilepsy Foundation of America to develop performance standards for the training and supervision of school employees in providing emergency medical assistance to pupils with epilepsy suffering from seizures. The performance standards may be developed in cooperation with the State Department of Education, the California School Nurses Organization, the California Medical Association, and the American Academy of Pediatrics. Upon development of the performance standards, the State Department of Public Health shall approve the performance standards for distribution and make those standards available upon request. (2) Training established pursuant to this subdivision shall include all of the following: (A) Recognition and treatment of epilepsy. (B) Administration of diastat. (C) Basic emergency followup procedures including, but not limited to, calling the emergency 911 phone number and, if possible, contacting the pupil's parent or guardian and his or her licensed health care provider. (3) Training by a physician and surgeon, credentialed school nurse, registered nurse, or certificated public health nurse in accordance with the performance standards established pursuant to this section shall be deemed adequate training for the purpose of this section. (4) (A) A school employee shall notify the credentialed school nurse assigned to the school district if he or she administers diastat pursuant to this section. (B) If a credentialed school nurse is not assigned to the school district, the school employee shall notify the superintendent of the school district, or his or her designee, if he or she administers diastat pursuant to this section. (5) All materials necessary to administer the diastat shall be provided by the pupil's parent or guardian. (c) For purposes of this section, "diastat" means diazepam rectal gel, marketed as Diastat AcuDial, approved by the federal Food and Drug Administration for patients with epilepsy to control seizures.