BILL NUMBER: SB 1266 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Huff
FEBRUARY 21, 2014
An act to amend Section 49414 of the Education Code, relating to
pupil health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1266, as introduced, Huff. Pupil health: epinephrine
auto-injectors.
Existing law authorizes a school district or county office of
education to provide emergency epinephrine auto-injectors to trained
personnel, and authorizes trained personnel to use those epinephrine
auto-injectors to provide emergency medical aid to persons suffering
from an anaphylactic reaction. Existing law authorizes each public
and private elementary and secondary school in the state to designate
one or more school personnel on a voluntary basis to receive initial
and annual refresher training regarding the storage and emergency
use of an epinephrine auto-injector, as specified. Existing law
authorizes a school nurse, or a person who has received the training
described above if the school does not have a school nurse, to, among
other things, obtain a prescription for epinephrine auto-injectors,
as specified.
This bill would require school districts and county offices of
education to provide emergency epinephrine auto-injectors to trained
personnel and would require trained personnel to use those
epinephrine auto-injectors to provide emergency medical aid to
persons suffering from an anaphylactic reaction. The bill would
require each public elementary and secondary school in the state to
designate one or more school personnel on a voluntary basis to
receive initial and annual refresher training regarding the storage
and emergency use of an epinephrine auto-injector, as specified. The
bill would require a school nurse, or a person who has received the
training described above if the school does not have a school nurse,
to, among other things, obtain the prescription for epinephrine
auto-injectors, as specified, and would authorize the prescription
for epinephrine auto-injectors to be filled by local or mail order
pharmacies. The bill would require an epinephrine auto-injector to be
restocked as soon as possible after it is used and before its
expiration date. The bill would require epinephrine auto-injectors to
be available at each schoolsite and at school-sanctioned events. The
bill would provide that the school district, the county office of
education, and trained personnel are not liable for any civil damages
resulting from the administration of an epinephrine auto-injector to
a person reasonably believed to be suffering from an anaphylactic
reaction. By requiring school districts and county offices of
education to perform additional duties related to epinephrine
auto-injectors, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49414 of the Education Code is amended to read:
49414. (a) A school district or School
districts and county office offices
of education may shall provide
emergency epinephrine auto-injectors to trained personnel, and
trained personnel may utilize shall use
those epinephrine auto-injectors to provide emergency medical aid to
persons suffering from an anaphylactic reaction. Any
A school district or county office of education
choosing to exercise the authority provided under this
subdivision shall not receive state funds specifically for
the purposes of this subdivision.
(b) For purposes of this section, the following terms have the
following meaning:
(1) "Anaphylaxis" means a potentially life-threatening
hypersensitivity to a substance.
(A) Symptoms of anaphylaxis may include shortness of breath,
wheezing, difficulty breathing, difficulty talking or swallowing,
hives, itching, swelling, shock, or asthma.
(B) Causes of anaphylaxis may include, but are not limited to, an
insect sting, food allergy, drug reaction, and exercise.
(2) "Epinephrine auto-injector" means a disposable drug delivery
system with a spring-activated concealed needle that is designed for
emergency administration of epinephrine to provide rapid, convenient
first aid for persons suffering a potentially fatal reaction to
anaphylaxis.
(c) Each public and private elementary and
secondary school in the state may voluntarily determine whether or
not to make emergency epinephrine auto-injectors and trained
personnel available at its school. In making this determination, a
school shall evaluate the emergency medical response time to the
school and determine whether initiating emergency medical services is
an acceptable alternative to epinephrine auto-injectors and trained
personnel. Any A private elementary or
secondary school choosing to exercise the authority provided
under this subdivision shall not receive state funds specifically for
the purposes of this subdivision.
(d) Each public elementary and secondary school in the state
shall, and each private elementary and secondary
school in the state may , designate one or more school
personnel on a voluntary basis to receive initial and annual
refresher training, based on the standards developed pursuant to
subdivision (e), regarding the storage and emergency use of an
epinephrine auto-injector from the school nurse or other qualified
person designated by the school district physician, the medical
director of the local health department, or the local emergency
medical services director. Any A school
choosing to exercise the authority provided under this
subdivision shall not receive state funds specifically for
the purposes of this subdivision.
(e) (1) The Superintendent of Public Instruction
shall establish minimum standards of training for the
administration of epinephrine auto-injectors that satisfy the
requirements in paragraph (2). For purposes of this subdivision, the
Superintendent of Public Instruction shall consult
with organizations and providers with expertise in administering
epinephrine auto-injectors and administering medication in a school
environment, including, but not limited to, the State Department of
Health Care Services, the Emergency Medical Services
Authority, the American Academy of Allergy, Asthma, and Immunology,
the California School Nurses Organization, the California Medical
Association, the American Academy of Pediatrics, and others.
(2) Training established pursuant to this subdivision shall
include all of the following:
(A) Techniques for recognizing symptoms of anaphylaxis.
(B) Standards and procedures for the storage and emergency use of
epinephrine auto-injectors.
(C) Emergency follow-up procedures, including calling the
emergency 911 phone number and contacting, if possible, the pupil's
parent and physician.
(D) Instruction and certification in cardiopulmonary
resuscitation.
(E) Written materials covering the information required under this
subdivision.
(3) A school shall retain for reference the written materials
prepared under subparagraph (E) of paragraph (2).
(f) A school nurse, or if the school does not have a school nurse,
a person who has received training pursuant to subdivision (d),
may shall do the following:
(1) Obtain from the school district physician, the medical
director of the local health department, or the local emergency
medical services director a prescription for epinephrine
auto-injectors. The prescription may be filled by local or mail
order pharmacies.
(2) Immediately administer an epinephrine auto-injector to a
person exhibiting potentially life-threatening symptoms of
anaphylaxis at school or a school activity when a physician is not
immediately available. If the epinephrine auto-injector is used
it shall be restocked as soon as reasonably possible. Expired
epinephrine auto-injectors shall be restocked before their expiration
date.
(g) A person who has received training as set forth in subdivision
(d) or a school nurse shall initiate emergency medical services or
other appropriate medical follow up in accordance with the training
materials retained pursuant to paragraph (3) of subdivision (e).
(h) Any A school district or county
office of education electing to utilize using
epinephrine auto-injectors for emergency medical aid shall
create a plan to address all of the following issues:
(1) Designation of the individual or individuals who will provide
the training pursuant to subdivision (d).
(2) Designation of the school district physician, the medical
director of the local health department, or the local emergency
medical services director that the school district or county office
of education will consult for the prescription for epinephrine
auto-injectors pursuant to paragraph (1) of subdivision (f).
(3) Documentation as to which individual, the school nurse or
other trained person pursuant to subdivision (f), in the school
district or county office of education will obtain the prescription
from the physician and the medication from a pharmacist.
(4) Documentation as to where the medication is stored and how the
medication will be made readily available in case of an emergency.
(i) An epinephrine auto-injector shall be available at each
schoolsite and at school-sanctioned events including, but not limited
to, field trips and off-campus events.
(j) The school district, the county office of education, and
trained personnel shall not be liable for any civil damages resulting
from the administration of an epinephrine auto-injector to a person
reasonably believed to be suffering from an anaphylactic reaction.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.