BILL NUMBER: SB 1266 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Huff
( Coauthor: Senator Hill
)
FEBRUARY 21, 2014
An act to amend Section 49414 of the Education Code, relating to
pupil health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1266, as amended, 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 the extent
feasible, 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 school administrator or his or
her designee who has received the training described above if
the school does not have a school nurse or the school nurse is
not onsite or available , 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 or epinephrine
auto-injector manufacturers . 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
The bill would require the school nurse or designated employee to
report any incident of epinephrine auto-injector use to the
Superintendent of Public Instruction on a form developed by the
Superintendent within 30 days after the last day of each school year.
The bill would require the Superintendent to annually post the
result of those forms on its Internet Web site, as specified. The
bill would authorize a public school to accept gifts, grants, and
donations from any source for the support of the public school
carrying out these provisions.
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) School districts and county offices of education shall
provide emergency epinephrine auto-injectors to trained personnel,
and trained personnel shall , to the extent feasible, use
those epinephrine auto-injectors to provide emergency medical aid to
persons suffering from an anaphylactic reaction. A school
district or county office of education shall not receive state funds
specifically for purposes of this subdivision.
(b) For purposes of this section, the following terms have the
following meaning: meanings:
(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 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. A private
elementary or secondary school choosing to exercise the authority
provided under this subdivision shall not receive state funds
specifically for 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. A school
shall not receive state funds specifically for purposes of this
subdivision.
(e) (1) The Every five years, or sooner as
deemed necessary by the Superintendent, the Superintendent
shall establish review minimum
standards of training for the administration of epinephrine
auto-injectors that satisfy the requirements in
of paragraph (2). For purposes of this subdivision, the
Superintendent 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, Food Allergy Research and Education, the
California Society of Allergy, Asthma and Immunology, the American
College of Allergy, Asthma and Immunology, 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) Training established pursuant to this subdivision shall be
consistent with the most recent Voluntary Guidelines for Managing
Food Allergies In Schools and Early Care and Education Programs
published by the federal Centers for Disease Control and Prevention
and the most recent guidelines for medication administration issued
by the department.
(3)
(4) 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 or the school nurse is not onsite
or available, a school district administrator or his or her designee
who has received training pursuant to subdivision (d), shall do
the following:
(1) Obtain from the school district physician, a physician
contracting with the school district, the medical director of
the local health department, or the local emergency medical services
director a prescription for epinephrine auto-injectors that, at
a minimum, includes one adult epinephrine auto-injector and one
junior epinephrine auto-injector . The prescription may be
filled by local or mail order pharmacies or epinephrine
auto-injector manufacturers .
(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) No later than 30 days after the last day of each school year,
the school nurse or designated employee shall report any incident of
epinephrine auto-injector use to the Superintendent on a form
developed by the Superintendent. In compliance with federal and state
privacy laws, the Superintendent shall annually publish the results
of the submitted forms on his or her Internet Web site.
(h)
(i) A school district or county office of education
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.
(j) A public school may accept gifts, grants, and donations from
any source for the support of the public school carrying out the
provisions of this section, including, but not limited to, the
acceptance of epinephrine auto-injectors from a manufacturer or
wholesaler.
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.