BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 161|
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                                 THIRD READING


          Bill No:  SB 161
          Author:   Huff (R)
          Amended:  5/31/11
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-1, 3/16/11
          AYES:  Lowenthal, Runner, Blakeslee, Huff, Liu, Vargas
          NOES:  Hancock
          NO VOTE RECORDED:  Alquist, Price, Simitian, Vacancy

           SENATE HEALTH COMMITTEE  :  7-0, 4/6/11
          AYES:  Hernandez, Strickland, Anderson, Blakeslee, De León, 
            Rubio, Wolk
          NO VOTE RECORDED:  Alquist, DeSaulnier

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 5/26/11
          AYES:  Kehoe, Walters, Alquist, Lieu, Pavley, Price, 
            Runner, Steinberg
          NO VOTE RECORDED:  Emmerson


           SUBJECT  :    Emergency medical assistance:  administration 
          of epilepsy
                      medication

           SOURCE  :     Author


           DIGEST  :    This bill authorizes school districts to provide 
          non-medical school personnel with voluntary emergency 
          medical training to provide emergency medical assistance to 
          pupils with epilepsy suffering from seizures.
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           ANALYSIS  :    

           Existing Federal Law

           The Americans with Disabilities Act of 1990 prohibits 
          discrimination on the basis of disability by employers, 
          public accommodations, state and local governments, public 
          and private transportation, and in telecommunications.

          The Individuals with Disabilities Education Act (IDEA) 
          governs Individualized Educational Programs (IEPs) and the 
          special education process.  IDEA guarantees children with 
          disabilities a "free appropriate public education" in the 
          least restrictive environment.

          Section 504 of the Rehabilitation Act of 1973 (Section 504) 
          provides federal financial assistance to state and local 
          education agencies to guarantee special education and 
          related services to eligible children with disabilities.

          Requires school districts to provide a free appropriate 
          public education to each qualified person with a disability 
          who is in the school district's jurisdiction, regardless of 
          the nature or severity of the person's disability, which 
          includes reasonable accommodations required for the 
          management of chronic medical conditions.

           Existing State Law

           1.Requires the governing board of any school district to 
            give diligent care to the health and physical development 
            of students, which may include employing properly 
            certified persons.

          2.Provides that each student who is required to take 
            prescribed medication by a physician, may be assisted by 
            the school nurse or other designated school personnel if 
            the school district receives a written statement from the 
            physician detailing the method, amount, and time 
            schedules by which the medication is to be taken, and a 
            written statement from the parent or guardian of the 
            student, indicating the desire that the school district 
            assist the pupil in the matters set forth in the 

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            physician's statement.

          3.Provides that no school district, officer of any school 
            district, school principal, physician, or hospital 
            treating a student shall be held liable for the 
            reasonable treatment of a child without the consent of a 
            parent or guardian, when the child is ill or injured 
            during regular school hours, requires reasonable medical 
            treatment, and the parent or guardian cannot be reached, 
            unless the parent or guardian has previously filed with 
            the school district a written objections to any medical 
            treatment other than first aid.

          4.Authorizes non-medical school personnel to administer the 
            following medication to a student in an emergency, after 
            receiving specified training:

             A.    Emergency epinephrine auto-injectors.  A 
                prescription or an auto-injector for a specific 
                student is not required; the prescription is for the 
                school.

             B.    Glucagon may be administered to students with 
                diabetes suffering from severe hypoglycemia in the 
                absence of a credentialed school nurse or other 
                licensed nurse onsite at the school.

          5.Authorizes non-medical school personnel to assist or 
            administer medication to a student on a routine, 
            non-emergency basis the following:

             A.    Assisting in the administration of prescribed 
                medication, or in the self-administration of 
                prescription auto-injectable epinephrine.

             B.    Assisting in administration of prescribed 
                medication or in the self-administration of 
                prescription inhaled asthma medication.

             C.    Assisting if the health care provider gives a 
                written statement with specific information, such as 
                the medication the pupil is to take, the dosage, and 
                the period of time during which the medication is to 
                be taken, and if the parent provides a written 

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                statement initiating a request to have the medication 
                administered or otherwise assisted in the 
                administration of the medication.

          6.Sets forth the scope of practice for nursing through the 
            Nursing Practice Act, which includes the administration 
            of medication, and prohibits any person from engaging in 
            the practice of nursing without a license.
           
           This bill:
           
            1.  Makes various legislative findings and declarations, 
              including the declaration that the safety and welfare 
              of a pupil with epilepsy is compromised without 
              immediate access to an emergency antiseizure 
              medication.

           2.  Authorizes a school district to provide school 
              employees with voluntary medical training to provide 
              emergency medical assistance training to provide 
              emergency medical assistance to pupils with epilepsy 
              suffering from seizures. 

           3.  Requires a school employee with voluntary emergency 
              medical training to provide this emergency medical 
              assistance using a training plan approved on the 
              California Department of Education's (CDEs) Internet 
              Web site.

            4. Prohibits a school employee, who does not volunteer or 
              who has not been trained, from being required to 
              provide emergency medical assistance.

            5. Authorizes a parent or guardian of a pupil with 
              epilepsy who has been prescribed an emergency 
              antiseizure medication to request the school have one 
              or more of its employees receive training in the 
              administration of an emergency antiseizure medication.

            6. Requires, upon receipt of the parent's or guardian's 
              request, the school to notify the parent or guardian 
              that his or her child may qualify for services or 
              accommodations, pursuant to Section 504.  Requires the 
              school to assist in the exploration of that option, and 

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              encourage the parent or guardian to adopt that option 
              if it is determined that the child is eligible for a 
              Section 504 plan.

            7. Authorizes a school to ask the parent or guardian to 
              sign a notice verifying they were given information 
              about Section 504 and they understand it is their right 
              to request a Section 504 plan at any time.

            8. Authorizes a school to create an individualized health 
              plan, seizure action plan, or other appropriate health 
              plan designed to acknowledge and prepare for the 
              child's health care needs in school if the parent 
              chooses to not have the pupil assessed for a Section 
              504 plan.  The plan may include the involvement of 
              trained volunteer school employees or a licensed 
              vocational nurse.

            9. If a school elects to train employees, the school 
              shall ensure the following:

              A.     A volunteer receives training from a licensed 
                 health care professional regarding the 
                 administration of an emergency antiseizure 
                 medication.  A staff member who has completed 
                 training shall, if he or she has not administered an 
                 emergency antiseizure medication within the prior 
                 two years and thee is a pupil enrolled in the school 
                 who may need the administration of an antiseizure 
                 medication, attend a new training program to retain 
                 the ability to administer an emergency antiseizure 
                 medication.

              B.     Any agreement by an employee to administer an 
                 emergency antiseizure medication is voluntary; and 
                 an employee of the school or school district shall 
                 not directly or indirectly use or attempt to use his 
                 or her authority to influence for the purpose of 
                 intimidating, threatening, coercing, or attempting 
                 to intimidate, threaten, or coerce any staff member 
                 who does not choose to volunteer, including, but not 
                 limited to, direct contact with the employee.

              C.     Any employee who volunteers may rescind his or 

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                 her offer to administer an emergency antiseizure 
                 medication up to three days after the completion of 
                 the training.  After that time, a volunteer may 
                 rescind his or her offer to administer an emergency 
                 antiseizure medication with a two-week notice, or 
                 until a new individual health plan or Section 504 
                 plan has been developed for an affected pupil, 
                 whichever is less.

              D.     The school di strict shall distribute an 
                 electronic notice to all staff that states the 
                 following information in bold print:

                  (1)        A description of the volunteer request, 
                     stating that the request is for volunteers to 
                     administer an emergency antiseizure medication 
                     to a pupil experiencing a severe epileptic 
                     seizure, in the absence of a school nurse, and 
                     that this emergency antiseizure medication is a 
                     FDA-approved, predosed, rectally administered 
                     gel that reduces the severity of epileptic 
                     seizures.

                  (2)        A description of the training that the 
                     volunteer will receive.

                  (3)        A description of the voluntary nature of 
                     the volunteer program.

                  (4)        The volunteer rescission timelines.

          10. Provides that the electronic notice shall be the only 
              means by which a school district solicits volunteers.

          11. Provides that an employee who volunteers shall not be 
              required to administer an emergency antiseizure 
              medication until completion of the training program 
              adopted by the school and documentation of completion 
              is recorded in his or her personnel file.

          12. Provides that if a school elects to participate, the 
              school shall ensure that each volunteer will be 
              provided defense and indemnification by the school.  
              This information will be reduced to writing, provided 

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              to the volunteer, and retained in the volunteer's 
              personnel file.

           13. Requires a school to re-notify the pupil's parent or 
              guardian of the Section 504 options if there are no 
              volunteers.

           14. Requires a school that elects to train school 
              employees to have in place a school plan that includes, 
              but not be limited to, all of the following:

              A.     Identification of existing licensed staff within 
                 the district or region who could be trained in the 
                 administration of an emergency antiseizure 
                 medication and could be available to respond to an 
                 emergency need to administer an emergency 
                 antiseizure medication.

              B.     Identification of pupils who may require the 
                 administration of an emergency antiseizure 
                 medication.

              C.     Written authorization from the parent or 
                 guardian for a non-medical school employee to 
                 administer an emergency antiseizure medication.

              D.     A requirement that the parent or guardian notify 
                 the school if the pupil has had an emergency 
                 antiseizure medication administered within the past 
                 four hours on a school day.

              E.     Notification to the parent or guardian that an 
                 emergency antiseizure medication has been 
                 administered.

              F.     A written statement from the pupil's health care 
                 practitioner that shall include all of the 
                 following:

                  (1)       The pupil's name.
                  (2)       The name and purpose of the medication.
                  (3)       The prescribed dosage.
                  (4)       Detailed seizure symptoms, including 
                     frequency, type, or length of seizures that 

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                     identify when the administration of an emergency 
                     antiseizure medication becomes necessary.
                  (5)       The method of administration.
                  (6)       The frequency with which the medication 
                     may be administered.
                  (7)       The circumstances under which the 
                     medication may be administered.
                  (8)       Any potential adverse responses by the 
                     pupil and recommended actions, including when to 
                     call emergency services.
                  (9)       A protocol for observing the pupil after 
                     a seizure.
                 (10)       Following the seizure, the pupil's parent 
                     or guardian and the school nurse shall be 
                     contacted to continue the observation plan.

           15. Requires a school the elects to allow volunteers to 
              administer an emergency antiseizure medication to 
              compensate a volunteer when the administration of an 
              emergency antiseizure medication and subsequent 
              monitoring of a pupil requires the person to work 
              beyond his or her normally scheduled hours.

           16. Requires the Department of Public Health, in 
              consultation with the CDE, to develop guidelines for 
              the training and supervision of school employees in 
              providing emergency medical assistance to pupils with 
              epilepsy suffering from seizures.  The guidelines maybe 
              developed in cooperation interested organizations.  
              Upon development of the guidelines, the CDE shall 
              approve the guidelines for distribution and shall make 
              those guidelines available upon request.

           17. Allows the CDE to include, on its Internet Web site, a 
              clearinghouse for best practices in training nonmedical 
              personnel to administer an emergency antiseizure 
              medication to pupils.  

           18. Requires the training to include the following:

              A.     Recognition and treatment of different types of 
                 seizures.
              B.     Administration of an emergency antiseizure 
                 medication.

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              C.     Basic emergency follow-up procedures including, 
                 calling 911 and contacting the pupil's parent or 
                 guardian.
              D.     Techniques and procedures to ensure pupil 
                 privacy.

           20. Provides that any written materials used in the 
              training shall be retained by the school.

           21. Requires training to be conducted by one or more of 
              the following:

              A.     A physician and surgeon.
              B.     A physician assistant.
              C.     A credentialed school nurse.
              D.     A registered nurse.
              E.     A certificated public health nurse.

           22. Deems training provided in accordance with the 
              manufacturer's instructions, the pupil's health care 
              provider's instructions and guidelines as adequate 
              training.

           23. Requires a school employee to notify the credentialed 
              school nurse assigned to the school district if an 
              emergency antiseizure medication is administered.  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.

           24. Requires a school to retain all records relating to 
              the administration of an emergency antiseizure 
              medication.

           25. Requires the pupil's parent or guardian to provide all 
              materials necessary to administer an emergency 
              antiseizure medication. 

           26  An "emergency antiseizure medication" means diazepam 
              rectal and emergency medications approved by the 
              federal Food and Drug Administration for patients with 
              epilepsy for the management of seizures by persons 
              without medical credentials.

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           27. Sunsets the provisions of this bill on January 1, 
              2017.
            
          ( FOR A DETAILED BACKGROUND AND DISCUSSION, PLEASE REFER TO 
          THE SENATE HEALTH COMMITTEE ANALYSIS)
           
          Related/Prior Legislation

           SB 65 (Strickland), 2011-12 Session, authorizes any pupil 
          who has been diagnosed with cystic fibrosis and is required 
          to take, during the regular school day, medication 
          prescribed for him or her by a physician or surgeon, to be 
          assisted by the school nurse or other designated school 
          personnel, or may carry and self-administer prescription 
          pancreatic enzymes if the school district receives 
          specified written statements.  (In Senate Education 
          Committee)

          SB 1051 (Huff), 2009-10 Session, was very similar to this 
          bill.  (Held on Senate Appropriations Committee's Suspense 
          File)

          AB 1802 (Hall), 2009-10 Session, would have authorized a 
          parent or guardian of a pupil with diabetes to designate 
          one or more school employees as parent-designated school 
          employees for the purpose of administering insulin to the 
          pupil as necessary during the regular school day when a 
          credentialed school nurse or other health care professional 
          is not immediately available onsite at the school.  (Failed 
          passage in Assembly Business, Professions, and Consumer 
          Protection Committee)

          SB 1200 (Leno), 2009-10 Session, would have required the 
          Department of Managed Health Care and the Insurance 
          Commissioner to develop regulations to ensure timeliness of 
          care for school age children who must receive medically 
          necessary services during school hours.  (Failed passage in 
          Assembly Appropriations Committee)

          AB 2454 (Torlakson), 2009-10 Session, would have required 
          the governing board of a school district to employ at least 
          one school nurse, registered nurse, or licensed vocational 
          nurse for every 750 pupils on and after July 1, 2020.  The 

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          bill would have required registered nurses and vocational 
          nurses to provide health care services to pupils under the 
          supervision of a school nurse.  (Failed passage in Assembly 
          Appropriations Committee)

          AB 1430 (Swanson), 2009-10 Session, would have required, 
          with certain exceptions, that any medication that is 
          administered to a pupil who is required to take, during the 
          regular school day, medication prescribed for him or her by 
          a physician or surgeon be administered by a health care 
          professional operating within the scope of his or her 
          practice.  (Failed passage in the Assembly Business, 
          Professions, and Consumer Protection Committee)

          AB 426 (Hall), 2009-10 Session, would have required the 
          CDE, in consultation with specified entities, to recommend 
          to the Legislature ways to address specific health-related 
          needs of pupils on school campuses, including but not 
          limited to, diabetes, asthma, and obesity-related diseases. 
           (Died in Assembly Education Committee)

          AB 942 (Leno), Chapter 444, Statutes of 2003, authorizes 
          each school district to provide voluntary emergency medical 
          training to school personnel, as defined, to administer 
          emergency medical assistance to pupils with diabetes 
          suffering from severe hypoglycemia, if certain performance 
          standards for training and supervision are developed by the 
          American Diabetes Association in cooperation with several 
          other entities for approval and distribution by the 
          Department of Health Services,' Diabetes Control Program, 
          in the absence of a credentialed school nurse or other 
          licensed nurse.  Passed the Senate with a vote of 38-0 on 
          September 3, 2003.

          AB 559 (Wiggins), Chapter 458, Statues of 2001, authorized 
          a school district or county office of education to provide 
          emergency epinephrine auto-injectors to trained personnel, 
          and authorized the trained personnel to utilize those 
          epinephrine auto-injectors to provide emergency medical aid 
          to persons suffering from an anaphylactic reaction.  Passed 
          the Senate with a vote of 40-0 on August 27, 2001.
                                               
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

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          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions             2011-12             2012-13         
              2013-14            Fund

           CDE consultation/       Potentially significant costs to 
          participate       General
          approval 

          CDE Web site                         -- Minor and 
          absorbable --                   General
          information 

           SUPPORT  :   (Verified  6/1/11)

          Association of Regional Center Agencies
          California Association of Joint Powers Authorities (if 
          amended)
          California Association of School Business Officials
          California Association of Suburban School Districts
          California County Superintendents Educational Services 
          Association
          California School Boards Association
          Children's Specialty Care Coalition
          Democrats for Education Reform
          Developmental Disabilities Area Board 10
          Disability Rights California
          Epilepsy Foundation, California
          Health Officers Association of California
          Humboldt County Office of Education
          Kern County Superintendent of Schools
          Los Angeles County Office of Education
          Los Angeles Unified School district
          Orange County Department of Education
          Riverside County School Superintendents' Association
          Riverside Unified School District
          Saddleback Valley Unified School District
          San Bernardino County District Advocates for Better Schools
          Small School Districts' Association

           OPPOSITION  :    (Verified  6/1/11)

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          American Nurses Association-California, 
          California Labor Federation
          The California Federation of Teachers
          California Association for Nurse Practitioners
          California Nurses Association
          California School Employees Association 
          California School Nurses Organization
          California School Employees Association
          California Teachers Association
          Laborers International Union of North America, Local 777
          Service Employees International Union-Nurses Alliance of 
          California
          United Nurses Associations of CA-Union of Health Care 
          Professionals
          United Teachers Los Angeles

           ARGUMENTS IN SUPPORT  :    Supporters write that Diastat is a 
          safe and effective drug and allowing trained school 
          personnel to administer Diastat could save an epileptic 
          child from very serious injury.  The Health Officers 
          Association of California (HOAC) writes that without SB 
          161, school personnel would have to wait for the child's 
          parent or an ambulance to arrive in order for the drug to 
          be administered.  Epilepsy California writes a student 
          suffering from prolonged seizures that is prescribed and 
          yet denied access to Diastat risks permanent brain damage 
          or death.  After five minutes, seizures are life 
          threatening.  The California Association of Suburban School 
          Districts writes that Diastat is the first and only 
          FDA-approved, acute layperson-administered medication and 
          is the best option for providing a safe educational 
          environment for students.  

          Disability Rights of California (DRC) contends SB 161 is an 
          important step to providing children with epilepsy with a 
          free appropriate education.  DRC writes access to 
          medication is important for children with disabilities who 
          need it to be able to receive an education in the least 
          restrictive environment with their peers.  Riverside 
          Unified School District writes SB 161 is a critical 
          component of the overall medical and welfare care the 
          district provides to special needs students.


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          The Riverside County School Superintendents' Association 
          writes that it is the unfortunate fiscal reality that we 
          will not have nurses in our schools and we must adapt to 
          that fiscal reality in a manner that provides the most 
          health protection to the students.

          Supporters state that it has been common practice for over 
          10 years for trained non-medical personnel to have the 
          authority to administer doctor-prescribed Diastat to a 
          student suffering a severe and possibly life threatening 
          seizure.  Supporters further contend that this bill is 
          patterned after two existing laws which allow non-medical 
          school personnel to administer drugs, Epinephrine and 
          Glucagon.  Supporters argue these medications must also be 
          given in a specified and extremely short amount of time 
          from the onset of the episode.  Supporters argue Diastat, 
          like Epinephrine and Glucagon, is a life-saving measure.  
          If Diastat is administered incorrectly, the medication is 
          not life-threating, but a significant delay in receiving 
          treatment can be.

           ARGUMENTS IN OPPOSITION  :    A coalition of union groups 
          including, the California Teachers Association, California 
          School Employees Association, American Nurses 
          Association-California, California Nurses Association, 
          California Labor Federation, Service Employees 
          International Union - Nurses Alliance of California, and 
          the California Federation of Teachers are opposed to this 
          bill writing that Diastat is a dangerous medication that 
          must be administered rectally to control seizures.  The 
          coalition writes that because a seizure is unpredictable, 
          providing for any level of privacy is nearly impossible.  
          The coalition further argues that school employees face 
          legal liability if something goes wrong as school districts 
          generally do not cover punitive damages.  Opponents also 
          argue that this bill does not require 911 to be called and 
          in medical emergencies, a 911 call must be required.

          The coalition supports having licensed, appropriately 
          trained health care personnel provide the high quality care 
          that is required to assure that not only children with 
          disabilities but all school children have access to a free, 
          fair and appropriate education.


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          The United Nurses Association of California-Union of Health 
          Care Professionals writes in opposition to SB 161, arguing 
          the bill will "deskill the role of school nurses" at a risk 
          to children.  

          Opponents further argue that if an employee is named in a 
          lawsuit, they will have to go to court to defend themselves 
          and there are no protections against punitive damages or 
          criminal prosecution.

          The California School Employees Association (CSEA) argues 
          that training will be inadequate if provided at all, as the 
          bill does not provide funding for any training.  CSEA 
          writes that if a Registered Nurse is not available to 
          perform this duty, Licensed Vocational Nurses (LVNs) can 
          and should be used as they are appropriately licensed and 
          have the skills and ability to help epileptic students.  
           

          CPM:cm  6/1/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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