BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 161
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 161 (Huff) - As Amended:  July 13, 2011 

          Policy Committee:                             Business and 
          Professions  Vote:                            7-1
                       Education                              6-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill authorizes a school district to participate in a 
          program to allow nonmedical employees to volunteer to provide 
          medical assistance to pupils with epilepsy suffering from 
          seizures, as specified.  Sunsets the provisions of this measure 
          on January 1, 2017.  

           FISCAL EFFECT  

          1)GF/98 cost pressure, of approximately $10 million, to school 
            districts to implement this measure.  This cost is associated 
            with conducting training, developing an individualized health 
            plan and school district plan, and record keeping.  These are 
            not state reimbursable mandated costs because the provisions 
            of this bill are not required by school districts.  A 
            parent/guardian may request nonmedical personnel administer 
            the antiseizure medication, as specified. 

            Actual costs will depend on the number of school districts 
            that choose to participate and the number of parents/guardians 
            who make a request.  Even if one parent/guardian makes this 
            request and school districts implement this request, districts 
            will likely incur a significant amount of work/cost because it 
            is likely protocols will be put in place districtwide.  

            Approximately 3 million people in the U.S. have some form of 
            epilepsy. About 200,000 new cases of seizure disorders and 
            epilepsy are diagnosed each year.  According to the Epilepsy 
            Foundation, as many as 325,000 school age children, ages 5-14, 
            have epilepsy.  Epilepsy affects more than 90,000 children 








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            across California.  There were 6.2 million children enrolled 
            in California schools in 2009-10.  It is unclear how many 
            children with epilepsy are prescribed Diastat as their 
            antiseizure medication.       

          2)One-time GF administrative costs, likely between $150,000 and 
            $250,000, to the State Department of Education (SDE) to 
            develop guidelines and establish a best practices 
            clearinghouse, as specified in this measure.  Currently, the 
            bill states a voluntary school employee "shall use a training 
            plan approved on the department's Internet website."  It is 
            unclear if this language requires SDE to approve all district 
            training plans.  If so, the administrative cost to SDE will 
            increase significantly. 

           SUMMARY CONTINUED

           Specifically, this bill:  
           
          1)Requires a school district, if it elects to participate in 
            this program, to provide volunteer school employees with 
            emergency medical training consistent with the training 
            guidelines established in this measure.  Further requires a 
            trained school employee to provide the medical assistance 
            using a training plan approved on SDE's Internet website and 
            the performance instructions set forth by the licensed health 
            care provider of the pupil.  

          2)Prohibits a school employee who does not volunteer or who has 
            not been trained from being required to provide emergency 
            medical assistance.  Further prohibits a district from 
            directly or indirectly using or attempting to use authority or 
            influence for the purpose of threatening, coercing, or 
            attempting to intimidate, threaten, or coerce any staff member 
            who does not volunteer.  

          3)Authorizes a parent/guardian to request his or her pupil's 
            school to have one or more of its employees receive training 
            in the administration of an emergency antiseizure medication 
            in the event the pupil suffers a seizure when a nurse is not 
            available, as specified.

          4)Defines emergency antiseizure medication as diazepam rectal 
            gel and emergency medications approved by the federal Food and 
            Drug Administration (FDA) for patients with epilepsy for the 








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            management of seizures by persons without medical credentials. 
             This medication is known as Diastat.    

          5)Requires the school to notify the parent/guardian that his or 
            her child may qualify for services/accommodations under the 
            federal law, including the Individuals with Disabilities 
            Education Act (IDEA), as specified.  Authorizes the school to 
            ask the parent/guardian to sign a notice verifying he or she 
            was given this information and understands his or her pupil's 
            rights under federal law.  

          6)Authorizes, if a parent/guardian does not choose to have his 
            or her pupil assessed under federal law, 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.  

          7)Requires a school district to ensure voluntary employees 
            receive training from a licensed health care professional 
            regarding the administration of an emergency antiseizure 
            medication.  Further requires SDE, in consultation with the 
            Department of Public Health to develop guidelines for the 
            training and supervision of school employees in providing 
            medical assistance to pupils with epilepsy and post this 
            information on SDE's Internet website by July 1, 2012.    

          8)Prohibits a volunteer from being required to administer the 
            medication until completion of the training program adopted by 
            the district and documentation of completion is recorded in 
            his or her personnel file.   

          9)Requires the training to include basic emergency follow-up 
            procedures, including the requirement for the schoolsite 
            personnel to call 911 and contact the pupil's parent/guardian 

          10)Requires a school district to ensure each employee who 
            volunteers to be provided with defense and indemnification by 
            the school district for any civil liability.  Requires this 
            information to be reduced to writing and retained in the 
            voluntary employee's personnel file.  

          11)Requires a school district that participates in this program 
            to have a plan that includes, but is not limited to, the 
            following: 









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             a)   Identification of existing licensed staff within the 
               district or region who could be trained in the 
               administration of antiseizure medication and available to 
               respond to an emergency situation, as specified. 
             b)   Identification of pupils who may require the 
               administration of this medication and written authorization 
               from the parent/guardian for a nonmedical school employee 
               to administer the medication.  
             c)   Notification by the parent/guardian to the school 
               district and vice versa as to whether or not the pupil was 
               administered antiseizure medication, as specified. 
             d)   A written statement from the pupil's health care 
               practitioner that includes purpose of medication; 
               prescribed dosage, detailed seizure symptoms, method of 
               administration, frequency in which the medication can be 
               administered, any potential adverse responses by the pupil, 
               and a protocol for observing the pupil after the seizure.   
                

          12)Requires a school district that participates in this program 
            to compensate a volunteer in accordance with the employee's 
            volunteer pay scale when the administration of medication and 
            subsequent monitoring of the pupil requires the volunteer to 
            work beyond his or her normal schedule.  

          13)Requires SDE to include a clearinghouse of best practices in 
            training nonmedical personnel to administer an emergency 
            antiseizure mediation to pupils on its website.  

           COMMENTS  

           1)Background  .  Existing law authorizes nonmedical school 
            personnel to administer medication to a pupil in an emergency, 
            after receiving specified training.  Specifically, statute 
            authorizes nonmedical personnel to provide medical assistance 
            to pupils with diabetes suffering from severe hypoglycemia.  
            In this instance, this medical assistance can only be provided 
            in the absence of a credentialed school nurse or other 
            licensed nurse at the school.  Likewise, current law 
            authorizes nonmedical personnel to administer emergency 
            epinephrine auto-injectors to aid persons suffering from an 
            anaphylactic reaction.  

            Current law also authorizes nonmedical personnel to assist or 
            administer medication to a pupil on a routine basis (not an 








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            emergency).   These provisions are associated with the 
            assistance of auto-injectable epinephrine and asthma 
            medication.  Statute also authorizes these personnel to assist 
            in the administration of other medication if the pupil's 
            health care provider provides a written statement with 
            specific information, such as the type of medication, dosage, 
            and the period of time during which the medication is to be 
            taken.  This assistance can only occur if the pupil's parent 
            provides a written statement initiating a request to have the 
            medication administered to the pupil or to have the pupil 
            otherwise assisted in the administration of the medication.

            Statute also establishes the Nursing Practices Act, which 
            prohibits any person from engaging in the practice of nursing, 
            which is defined as basic health care and direct/indirect 
            patient care, as specified.  Further specifies a person who 
            attempts to practice nursing without certification is guilty 
            of a public offense punishable by a fine not exceeding $10,000 
            and potential imprisonment.  

           2)Purpose .  According to the author, "For over ten years it was 
            common in California schools to have registered nurses, or 
            where unavailable, trained nonmedical personnel (teachers, 
            aides, office staff) to administer doctor prescribed Diastat 
            in an emergency situation to a student when suffering a 
            severe, possibly life threatening, seizure.  In October 2009, 
            however, a nursing education consultant to the Board of 
            Registered Nursing (BRN) advised that there is no provision in 
            the Nursing Practice Act for unlicensed school personnel to 
            administer Diastat.  As a consequence of Ýthe BRN letter], 
            nurses are refusing to train school personnel, and schools are 
            reluctant to have staff, even those already trained, 
            administer Diastat."

            According to a June 2007 Journal of School Nursing article 
            entitled: Emergency Management of Seizures in the School 
            Setting, "Reducing the time between seizure onset and medical 
            treatment will significantly improve a student's outcome 
            (Alldredge, Wall, & Ferriero, 1995). Appropriate first aid and 
            implementation of the emergency treatment plan should begin at 
            the onset of seizures. Medical intervention may involve 
            administering rectal medication if the child experiences 
            prolonged or repetitive seizures. Diazepam rectal gel is 
            currently the only U.S. Food and Drug Administration (FDA) 
            approved portable rescue medication that can be administered 








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            by nonmedical caregivers outside the hospital setting. 
            Where permitted, the option of training nonmedical personnel 
            to administer diazepam rectal gel is advantageous in a school 
            setting when a school nurse is not immediately available 
            during a seizure episode.  Major advantages of this medication 
            are safety, efficacy, and the potential for the student to be 
            able to return to the classroom following treatment (Dreifuss 
            et al., 1998; Pellock, 2004)."

            This bill authorizes a school district to participate in a 
            program to allow nonmedical employees to volunteer to 
            administer antiseizure mediation (Diastat) to pupils, upon the 
            request by a parent/guardian, as specified.  

           3)Opposition  .  Opponents of this measure (the California School 
            Nurses Organization (CNO), California Teachers Association, 
            California Federation of Teachers, the California Nurses 
            Association, the California School Employees Association, 
            United Teachers of Los Angeles, SEIU, and ASFCME) argue 
            nonmedical personnel are not the appropriate individuals to 
            administer antiseizure medication.  Specifically, these 
            organizations argue nonmedical personnel do not have the 
            medical background to administer this medication and 
            anticipate or appropriately handle any complications that may 
            arise.  In essence, opponents argue by allowing nonmedical 
            personnel to perform this duty pupils are at risk of severe 
            complications due to a lack of medical training and knowledge. 
             Specifically, CNO states: "Emergency antiseizure medications 
            require an extensive plan to assure they are given 
            appropriately.  With the principal or unlicensed employee 
            understand an order that requires the medication be given two 
            minutes of seizure activity, and the various steps that 
            follow?  Will they be able to recognize seizure symptoms when 
            each child presents differently?" 

            The California School Employees Association states: "Diastat 
            is a serious medication that should only be administered by an 
            appropriately licensed professional.  Injecting a child who is 
            in the middle of a seizure is a challenging thing to do even 
            for a licensed medical professional.  Diastat is a valium that 
            is injected rectally while a child is in the middle of a 
            violent seizure, wherever the child may be.  If this child is 
            on the playground, bus, in the lunch line, or the classroom, 
            the unlicensed employee would have to disrobe the child to 
            this rectal injection in the presence Ýof others]."








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           4)Should this bill apply to all public schools  ?  Currently, this 
            bill requires school districts to establish a plan for 
            allowing nonmedical personnel to administer antiseizure 
            medication to pupils, upon request.  This bill, however, does 
            not authorize county offices of education (COEs) or charter 
            schools to implement these provisions.  COEs have juvenile 
            court and community day schools under their jurisdiction.  
            Shouldn't parents at COE schools and charter schools have the 
            same option?  The committee may wish to consider this issue.  
           
          5)Nonmedical personnel administering insulin to pupils  .  In 
            October 2005, four elementary school students, along with the 
            American Diabetes Association, filed a suit against the 
            Superintendent of Public Instruction (Jack O'Connell), SDE, 
            members of the State Board of Education, the San Ramon Valley 
            Unified School District, the Fremont Unified School District, 
            and their Superintendents and Boards of Trustees. The suit 
            asked that public school officials comply with federal law by 
            providing the assistance that California students with 
            diabetes require to manage their diabetes during the school 
            day. 

            In August 2007, the parties reached a settlement agreement, 
            which required SDE to issue a legal advisory explicitly 
            stating that school districts have an obligation to provide 
            insulin administration and related services to eligible 
            students who need the assistance, including allowing 
            nonmedical personnel to administer insulin to pupils. 

            In December 2008, the Sacramento Superior Court overturned a 
            portion of this settlement related to the administration of 
            insulin by nonmedical personnel.  This decision was appealed.  
            In June 2010, the 3rd District Court of Appeal ruled that the 
            Superior Court ruling correctly determined the portion of 
            CDE's legal advisory is inconsistent with California law and 
            is therefore, invalid.  This ruling was appealed to the 
            California Supreme Court in July 2010.  Until the appeal is 
            resolved, the Superior Court ruling is stayed, which means SDE 
            may continue to advise districts that non-medical school 
            personnel are authorized to administer insulin (based on the 
            settlement agreement).  
           
           6)Existing law  requires a school nurse to have the following: 
            (a) Bachelor of Science (BS) in nursing, (b) RN license, and 








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            (c) a school nurse credential.  An individual is issued a 
            preliminary school nurse credential for five years.  After 
            completing two years as a school nurse and completing a school 
            nursing program, the individual qualifies for a clear 
            credential.  According to the Commission on Teacher 
            Credentialing, 1,472 preliminary and clear school nurse 
            credentials were issued 2005 and 2010.  

            In 2008-09, there were 6.3 million pupils enrolled in 
            California schools.  According to the State Department of 
            Education, there was one nurse for every 2,249 pupils in 
            2008-09.  


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916) 
          319-2081