BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 1266
          AUTHOR:        Huff
          AMENDED:       April 21, 2014
          HEARING DATE:  April 24, 2014
          CONSULTANT:    Diaz

           SUBJECT :  Pupil health: epinephrine auto-injectors.
           
          SUMMARY  :  Requires, rather than authorizes, school districts,  
          county offices of education, and charter schools to provide  
          emergency epinephrine auto-injectors to trained personnel, as  
          specified. Allows trained personnel to use the epinephrine  
          auto-injectors to aid those who are suffering from an  
          anaphylactic reaction. Requires public schools to restock, at a  
          minimum, one adult and one junior epinephrine auto-injector as  
          soon as reasonably possible when one has been used or before the  
          expiration date of one that has not been used. 

          Existing law:
           Business and Professions Code
           1.Allows pharmacies to furnish epinephrine auto-injectors (EAIs)  
            to a school district or county office of education if the EAIs  
            are furnished exclusively for use at a school district site or  
            county office of education and a physician and surgeon  
            provides a written order that specifies the quantity of EAIs  
            to be furnished.

          2.Requires records regarding the acquisition and disposition of  
            EAIs to be maintained by both the school district and county  
            office of education for three years from the date the records  
            were created. Makes the school district or county office of  
            education responsible for monitoring the supply of  
            auto-injectors and assuring the destruction of expired  
            auto-injectors.

           Education Code
          3.Allows a school district or county office of education to  
            provide emergency EAIs to trained personnel. Allows trained  
            personnel to utilize those EAIs to provide emergency medical  
            aid to persons suffering from an anaphylactic reaction. 

          4.Authorizes public and private elementary and secondary schools  
            to voluntarily determine whether or not to make emergency EAIs  
                                                         Continued---



          SB 1266 | Page 2




            and trained personnel available at its school. Requires  
            schools, in making a decision, to evaluate the emergency  
            medical response time to the school and determine whether  
            initiating emergency medical services (EMS) is an acceptable  
            alternative to EAIs and trained personnel.
               
          5.Authorizes a public and private elementary and secondary  
            school to designate one or more school personnel on a  
            voluntary basis ("designee") to receive initial and annual  
            refresher training, as specified, regarding the storage and  
            emergency use of an EAI from the school nurse or other  
            qualified person designated by the school district physician,  
            the medical director of the local health department (LHD), or  
            the local EMS director.

          6.Specifies that a school district, county office of education,  
            and public and private elementary and secondary schools cannot  
            receive state funds for the purposes of 3) through 5) above.

          7.Requires the Superintendent of Public Instruction to establish  
            minimum standards of training for the administration of EAIs  
            that satisfy specified requirements. Requires the  
            Superintendent to consult with specified organizations and  
            providers with expertise in administering EAIs and  
            administering medication in a school environment.

          8.Authorizes a school nurse or a person who has received  
            training, as specified, to obtain a prescription for an EAI  
            from the school district physician, the medical director of  
            the LHD, or the local EMS director. Authorizes a school nurse  
            or trained person to immediately administer an EAI to a person  
            exhibiting potentially life-threatening symptoms of  
            anaphylaxis at school or a school activity when a physician is  
            not immediately available.

          9.Requires a trained person or school nurse to initiate EMS or  
            other appropriate medical follow up in accordance with the  
            training materials, as specified.

          10.Requires school districts or county offices of education that  
            elect to use EAIs for emergency medical aid to create a plan  
            that: designates the individual who will provide training  
            pursuant to 5) above; designates from whom the school district  
            or county office of education will receive the EAI  
            prescription; documents the individual who will obtain the  
            prescription and from what pharmacy; and documents where the  




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            medication is stored and how it will be made readily available  
            in case of an emergency.

          This bill:
          1.Requires, rather than authorizes, a school district, county  
            office of education, or charter schools to provide emergency  
            EAIs to trained personnel. 

          2.Requires, rather than authorizes, public elementary and  
            secondary schools to designate one or more school personnel on  
            a voluntary basis to receive initial and annual refresher  
            training, as specified, regarding the storage and emergency  
            use of an EAI from the school nurse or other qualified person  
            designated by the local educational agency physician, the  
            medical director of the LHD, or the local EMS director. 

          3.Requires public schools to designate and have trained at least  
            one person for the purposes of obtaining a prescription for an  
            EAI, administering and restocking an EAI, and initiating EMS  
            or other appropriate medical follow up.

          4.Requires, every five years or sooner, as deemed necessary, the  
            Superintendent to review, rather than establish, minimum  
            standards of training pursuant to 4) above.

          5.Requires, rather than authorizes, a school nurse, school  
            administrator, or a designee who has received training, as  
            specified, to obtain a prescription for, at a minimum, one  
            adult and one junior EAI from the local educational agency  
            physician, a physician contracting with the local educational  
            agency, the medical director of the LHD, or the local EMS  
            director. 

          6.Requires EAIs to be restocked as soon as reasonably possible  
            when it has been used or before the expiration date if it has  
            not been used.

          7.Requires a school nurse or designee to report, no later than  
            30 days after the last day of each school year, any incident  
            of EAI use to certain entities, as specified. Requires the  
            specified entities to report incidents on a specified form to  
            the Department of Education (CDE), and requires CDE to  
            annually publish the results of the submitted forms on its  
            Internet Web site.





          SB 1266 | Page 4




          8.Requires a school district, county office of education, or  
            charter school to ensure that each employee who volunteers to  
            be a designee is provided defense and indemnification by the  
            school district, county office of education, or charter school  
            for any and all civil liability. Requires this information to  
            be reduced to writing, provided to the volunteer, and retained  
            in the volunteer's personnel file.

          9.Allows a public school to accept gifts, grants, and donations  
            from any source for the support of the public school carrying  
            out the provisions of this legislation, including acceptance  
            of EAIs from a manufacturer or wholesaler.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS  :  
           1.Author's statement.  According to the author, this bill is in  
            response to President Barack Obama's signing of H.R. 2094  
            related to stock epinephrine in schools. According to the bill  
            sponsor, FARE, as many as 15 million Americans suffer from  
            life threatening allergies.  It is estimated that nearly 6  
            million of these people are children under the age of 18; that  
            is one in every 13 children, or 2 in every classroom.  
            Approximately 25 percent of first time allergic reactions that  
            require epinephrine happen at school.   

            Current law requires prescriptions for epinephrine be made to  
            a specific student for the medication to be stored at schools  
            so it can be used in case of anaphylactic reactions during  
            school hours. SB 1266 requires extra epinephrine injectors be  
            prescribed as a "standing order" so epinephrine can be on hand  
            in all public schools. By ensuring emergency medication is  
            available at schools, we can be sure that all students with  
            allergies are safe at school, even when they don't know they  
            have any allergy. 

            Anaphylaxis is a potentially lethal allergic reaction. It can  
            happen when a person is stung by a bee, ingests food such as  
            shellfish or nuts, or maybe even just comes in contact with  
            something as simple as latex. Epinephrine is the first line of  
            treatment for someone who is experiencing anaphylaxis. It can  
            be easily administered and has very little side-effect.   
            Reactions can be so severe, even fatal, without prompt use of  
            epinephrine.  
            




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          2.What is anaphylaxis? According to the National Institutes of  
            Health, anaphylaxis is a severe, whole-body allergic reaction  
            to a chemical that has become an allergen. After being exposed  
            to a substance, such as bee sting venom, the person's immune  
            system becomes sensitized to it. When the person is exposed to  
            that allergen again, an allergic reaction may occur.  
            Anaphylaxis happens quickly after the exposure, is severe, and  
            involves the whole body. Tissues in different parts of the  
            body release histamine and other substances. This causes the  
            airways to tighten and leads to other symptoms. Some drugs  
            (such as morphine, x-ray dye, and aspirin) may cause an  
            anaphylactic-like reaction when people are first exposed to  
            them. These reactions are not the same as the immune system  
            response that occurs with true anaphylaxis. However, the  
            symptoms, risk for complications, and treatment are the same  
            for both types of reactions. Risks include a history of any  
            type of allergic reaction. According to Food Allergy Research  
            & Education, approximately 25 percent of first-time allergic  
            reactions that require epinephrine happen at school.

          3.What is an EAI? An EAI is a medical device used to deliver a  
            measured dose of epinephrine (also known as adrenaline) using  
            auto-injector technology, most frequently for the treatment of  
            acute allergic reactions to avoid or treat the onset of  
            anaphylaxis. According to the Food Allergy Research and  
            Education Web site, epinephrine is a highly effective  
            medication that can reverse severe symptoms of anaphylaxis but  
            must be administered promptly to be most effective. The EpiPen  
            and the EpiPen Jr. (the version for smaller children) are  
            commonly used EAIs. According to Mylan, which makes the two  
            products, the EpiPen contains 0.3mg of epinephrine and is  
            intended for those who weigh 66 pounds or more, while the  
            EpiPen Jr. contains 0.15mg and is intended for patients  
            weighing between 33 to 66 pounds. Mylan's product information  
            states that it is not known if EpiPen and EpiPen Jr. are safe  
            and effective in children who weigh less than 33 pounds. The  
            devices are intended to be injected into the middle of the  
            outer thigh, and patients are directed not to inject the  
            device into a vein, buttock, fingers, toes, hands, or feet.   
            According to the CDE Web site, in the existing training  
            standards for schools, if there is uncertainty about the  
            diagnosis, but there is reasonable probability that exhibited  
            symptoms are anaphylaxis, then the episode should be treated  
            as anaphylaxis and responded to according to the recommended  
            steps for emergency use of an EAI.




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          4.Study on unintentional injections. An article published in the  
            February 2010 issue of the Journal of Allergy and Clinical  
            Immunology, Voluntarily reported unintentional injections from  
            epinephrine auto-injectors, found that from 1994 to 2007 a  
            total of 15,190 unintentional injections from EAIs were  
            reported to US Poison Control Centers, with 60 percent of  
            those reported from 2003 to 2007. Those unintentionally  
            injected had a median age of 14 years, and 85 percent were  
            injected in their home or another residence. Management of the  
            individual was documented in only 4,101 of the cases. In these  
            4,101 cases, 49 percent of the clinical effects were described  
            as "minor," 20 percent were described as "minimal clinical  
            effects, not followed," and 15 percent were described as  
            "moderate." Only 27 cases, or 0.2 percent, were reported as  
            "major effect," which was described as "significant signs or  
            symptoms."  Seventy-six percent of the unintentional  
            injections were in a finger or thumb.
            
          5.Triple referral. This bill has been referred to Senate  
            Education and Senate Judiciary Committees. It passed out of  
            Senate Education Committee with a vote of 7-0 on April 2,  
            2014. Should it pass out of this committee, it will be  
            referred to Senate Judiciary Committee.
            
          6.Prior legislation. SB 669 (Huff), Chapter 725, Statutes of  
            2013, permitted a prehospital emergency medical care person or  
            lay rescuer to obtain and use an EAI in emergency situations  
            with certification of training, as specified.   

            SB 1069 (Pavley), Chapter 512, Statutes of 2010, in addition  
            to expanding the scope of practice for physician assistants in  
            other instances, added physician assistants, in addition to  
            physician and surgeons, from whom a school pupil must obtain a  
            written statement in order to carry and self-administer a  
            prescription EAI.

            SB 1912 (Ashburn), Chapter 846, Statutes of 2004, permits  
            pupils to carry and self-administer inhaled asthma medication  
            or an EAI at school, as specified.

            AB 559 (Wiggins), Chapter 458, Statutes of 2001, established  
            provisions of law that permit a school district or county  
            office of education to provide emergency EAIs to trained  
            personnel, and permit trained personnel to utilize these EAIs  
            to provide emergency medical aid to persons suffering from an  




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            anaphylactic reaction at a school or during a school activity.

            AB 1791 (Wiggins) of 2000 was an identical measure to AB 559.  
            This bill was vetoed by Governor Davis who stated that the  
            shortage of school nurses with the knowledge necessary to  
            administer medications would assure that the bulk of school  
            personnel administering epinephrine in emergencies would be  
            lay personnel. The Governor further stated that lay persons  
            cannot receive the necessary background in a limited training  
            program that would provide the essential medical judgment  
            skills required to administer medication in an emergency  
            situation.

          7.Support. Food Allergy Research & Education (FARE), the sponsor  
            of this bill, writes in support and cites that eight types of  
            food account for over 90 percent of allergic reactions. FARE  
            also states that epinephrine is the only medication that can  
            arrest the symptoms of a severe allergic reaction and cites a  
            study in the journal Pediatrics that showed 24 percent of  
            epinephrine use in a school district was on those without a  
            previous diagnosis of food allergy. 

            A coalition of other supports argue that with approximately 25  
            percent of first-time allergic reactions requiring epinephrine  
            happening at schools, making epinephrine available is a top  
            priority. Supporters also cite the signing of H.R. 2094, the  
            School Access to Emergency Epinephrine Act, in November 2013  
            as an important first step at elevating the importance of the  
            issue. The law authorizes the federal Department of Health and  
            Human Services to give funding preferences to states for  
            grants if they maintain an emergency supply of EpiPens, permit  
            trained personnel of the school to administer epinephrine, and  
            develop a plan for ensuring trained personnel are available to  
            administer epinephrine during all hours of the school day.
               
          8.Opposition. The California School Employees Association (CSEA)  
            writes in opposition that the bill should clearly indicate in  
            all instances where references are made to designees of a  
            school district administrator that the designee expressly  
            volunteered. CSEA also writes in opposition based on concerns  
            that a school district administrator's designee would be  
            responsible for obtaining an EpiPen prescription and  
            restocking the medication when it is used or it expires, as  
            CSEA believes that a high-level medical responsibility is not  
            appropriate for classified school employees.




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            The California Teachers Association (CTA) believes the  
            reactions to epinephrine could go beyond the scope of training  
            provided to school personnel, which could create negative  
            consequences. CTA believes that the health and safety needs of  
            children are best met through the services of a credentialed  
            school nurse and that local education agencies will be able to  
            determine their highest priorities for addressing the health  
            and safety of students without a one-size-fits-all state  
            statute.
               
          9.Policy comments.
               a.     Restocking EAIs. This bill requires EAIs to be  
                 restocked after being used as soon as reasonably possible  
                 and before one reaches its expiration date. However, it  
                 is unclear who is responsible for restocking the  
                 medication or what "as soon as reasonably possible"  
                 means. Committee staff suggests the following amendments  
                 to include the restocking of EAIs in the required  
                 training and in the plan required of those who use EAIs  
                 to help clarify procedures for restocking the medication  
                 and to ensure that the restocking is documented:

                 Section 49414(   e  f  )(2)(B) Standards and procedures for the  
                 storage  , restocking,  and emergency use of epinephrine  
                 auto-injectors.

                 Section 49414(   j  k  )(4) Documentation as to where the  
                 medication is stored  , when the medication was restocked,   
                 and how the medication will be made readily available in  
                 case of an emergency.
            
               b.     Requiring a volunteer. This bill would require a  
                 public school to designate one or more school personnel  
                  on a voluntary basis  to receive training on the storage  
                 and emergency use of an EAI. However, this bill  
                 additionally goes on to require a public school to  
                 designate and train at least one person for the purposes  
                 of obtaining and administering an EAI and initiating  
                 emergency medical services, without mentioning "voluntary  
                 basis." It is unclear how a school can be required to  
                 designate a volunteer, especially if no school personnel  
                 are willing to volunteer. Presumably, the responsibility  
                 would fall on a school nurse or a school administrator.  
                 Committee staff suggests the following amendments to  
                 clarify that the school nurse or school administrator  




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                 would be responsible if there are no volunteers.

                 Education Code Section 49414:

                 (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  f  ), regarding the  
                 storage and emergency use of an epinephrine auto-injector  
                 from the school nurse or other qualified person  
                 designated by the  school district  local educational  
                 agency physician, the medical director of the local  
                 health department, or the local emergency medical  
                 services director.   However, each public school shall  
                 designate and have trained at least one person for the  
                 purposes listed in subdivisions (f), (g), and (h).   

                  (e) Each public elementary and secondary school,  
                 including a charter school, shall, if there is no school  
                 personnel who volunteers as a designee pursuant to  
                 subdivision (d), require a school nurse or, if the school  
                 does not have a nurse or the school nurse is not onsite  
                 or available, a school administrator to receive initial  
                 and annual refresher training, based on the standards  
                 developed pursuant to subdivision (f), regarding the  
                 storage and emergency use of an epinephrine auto-injector  
                 and for the purposes listed in subdivisions (g), (h), and  
                 (i).  

             
          10.Amendments. Committee staff suggests the following  
            amendments: 

             Education Code
              1)   Section 49414(a):

               School  districts and  districts, county offices of  
               education, and charter schools shall provide emergency  
               epinephrine auto-injectors to trained personnel, and  
               trained personnel  shall, to the extent feasible,  may use  
               those epinephrine auto-injectors to provide emergency  
               medical aid to persons suffering  , or reasonably believed to  
               be suffering,  from an anaphylactic reaction.




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             2)   Section 49414(   e  f )(1):

               Every five years, or sooner as deemed necessary by the  
               Superintendent, the Superintendent shall review minimum  
               standards of training for the administration of epinephrine  
               auto-injectors that satisfy the requirements 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   Public Health  , 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.

             3)   Section 49414(   f  g ):

               A school nurse   , or  or,  if the school does not have a school  
               nurse or the school nurse is not onsite or available, a  
               school  district  administrator   or his or her voluntary  
               designee who has received training pursuant to subdivision  
               (d),   shall  do the following:  obtain from the local  
               educational agency physician, a physician contracting with  
               the local educational agency, 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  , for  
               elementary schools, one regular  epinephrine auto-injector  
               and one junior epinephrine auto-injector  , and for junior  
               high school and high schools, if there are no students who  
               require a junior epinephrine auto-injector, one regular  
               epinephrine auto-injector  . The prescription may be filled  
               by local or mail order pharmacies or epinephrine  
               auto-injector manufacturers.  
           
             4)   Section 49414(   g  h  ):

               A school nurse, or if the school does not have a nurse or  
               the school nurse is not onsite or available, a school  
               administrator or his or her  voluntary  designee who has  




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               received training pursuant to subdivision (d) may  
               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  Epinephrine  
               auto-injectors shall be restocked before their expiration  
               date.

              5)   (h   i  ) A person who has received training as set forth in  
               subdivision (d)  and (e)  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)  (4) of subdivision (   e  f  ).

             6)   Section 49414(   i  j  ):

               No later than 30 days after the last day of each school  
               year, the school nurse or  voluntarily  designated employee  
               shall report any incident of epinephrine auto-injector use  
               to the  Superintendent  school district, county office of  
               education, or chartering authority on a form developed by   
               the Superintendent. In compliance with federal and state  
               privacy laws, the Superintendent  department. The school  
               district, county office of education, or chartering  
               authority shall report any incident of epinephrine  
               auto-injector use to the department on the form developed  
               by the department. Without violating federal and state  
               privacy laws, the department shall annually publish the  
               results of the submitted forms on  his or her  its Internet  
               Web site.

             7)   Section 49414(   j k  ):

               (1)    Designation of the  school district  local educational  
                 agency physician, the medical director of the local  
                 health department, or the local emergency medical  
                 services director that the school  district or  district,  
                 county office of education, or charter school will  
                 consult for the prescription for epinephrine  
                 auto-injectors pursuant to  paragraph (1) of  subdivision  
                 (   f  g  ).
               (2)    Documentation as to which individual, the school  
                 nurse or other  voluntarily  trained person pursuant to  




          SB 1266 | Page 12




                 subdivision (   f  g  ), in the school  district or district,  
                 county office of education, or charter school will obtain  
                 the prescription from the physician and the medication  
                 from a pharmacist.
               (3)    Documentation as to which individual, the school  
                 nurse   or other trained person pursuant to subdivision (f)   
                 or school administrator  , in the school  district or   
                 district, county office of education, or charter school  
                 will obtain the prescription from the physician and the  
                 medication from a pharmacist.

             1)   Section 49414(   k  l  )

             2)   Section 49414(   l  m  )

             Business and Professions Code
              3)   Section 4119.2:

               (a) Notwithstanding any other provision of law, a pharmacy  
               may furnish epinephrine auto-injectors to a school  
               district ,   or  county office of education  , or charter school   
               pursuant to Section 49414 of the Education Code if all of  
               the following are met:
               (1) The epinephrine auto-injectors are furnished  
               exclusively for use at a school district site  ,   or  county  
               office of education  , or charter school  .
               (2) A physician and surgeon provides a written order that  
               specifies the quantity of epinephrine auto-injectors to be  
               furnished.
               (b) Records regarding the acquisition and disposition of  
               epinephrine auto-injectors furnished pursuant to  
               subdivision (a) shall be maintained by   both the  a  school  
               district ,    or   county office of education  , or charter school   
               for a period of three years from the date the records were  
               created.   The  A  school district  ,    or   county office of  
               education  , or charter school  shall be responsible for  
               monitoring the supply of auto-injectors and assuring the  
               destruction of expired auto-injectors.

           SUPPORT AND OPPOSITION  :
          Support:  Food Allergy Research and Education (sponsor)
                    Allergy & Asthma Associates of Southern California
                    Allergy & Asthma Medical Group and Research Center
                    American Academy of Allergy Asthma and Immunology
                    Asthma and Allergy Foundation of America 
                    Bay Area Allergy Advisory Board




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                    Bay Area Food Allergy 5k Walk/Run in Memory of BJ HOM
                    California Advocates for Food Allergies
                    California Allergy Support & Anaphylaxis Prevention 
                    California American College of Emergency Physicians  
                              (if amended)
                    California Society of Allergy, Asthma and Immunology
                    Food Allergy and Anaphylaxis Connection Team 
                    Food Allergy Support of Sacramento 
                    Kids with Food Allergies 
                    Natalie Giorgi Sunshine Foundation
                    Nut Free Wok
                    Red Cross regions of California
                    San Diego Food Allergy Support Group
                    SF Bay Area Food Allergy Network
                    Sanofi
                    South Orange County Food Allergy Network
                    San Clemente Food Allergy Support Group
                    Stanford Food Allergy & Food Sensitivity Center  
                    Community Council
                    Hundreds of Individuals

          Oppose:   California School Employees Association (unless  
                    amended)
                    California Teachers Association



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