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 SB 1266 | Page 3 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. SB 1266 | Page 5 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. SB 1266 | Page 6 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 SB 1266 | Page 7 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. SB 1266 | Page 8 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(ef )(2)(B) Standards and procedures for the storage , restocking, and emergency use of epinephrine auto-injectors. Section 49414(jk )(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 SB 1266 | Page 9 would be responsible if there are no volunteers. Education Code Section 49414: (d) Each publicelementary and secondary school in the state shall,andeachprivate 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 (ef ), regarding the storage and emergency use of an epinephrine auto-injector from the school nurse or other qualified person designated by theschool districtlocal 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): Schooldistricts anddistricts, county offices of education, and charter schools shall provide emergency epinephrine auto-injectors to trained personnel, and trained personnelshall, 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. SB 1266 | Page 10 2) Section 49414(ef )(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 ofHealth Care ServicesPublic 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(fg ): A school nurse, oror, if the school does not have a school nurse or the school nurse is not onsite or available, a schooldistrictadministratoror his or her voluntary designee who has received training pursuant to subdivision (d),shalldo 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, includesone 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(gh ): 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 SB 1266 | Page 11 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 epinephrineEpinephrine auto-injectors shall be restocked before their expiration date.5) (hi ) A person who has received training as set forth in subdivision (d) and (e)or a school nurseshall initiate emergency medical services or other appropriate medical follow-up in accordance with the training materials retained pursuant to paragraph(3)(4) of subdivision (ef ). 6) Section 49414(ij ): 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 theSuperintendentschool district, county office of education, or chartering authority on a form developed bythe Superintendent. In compliance with federal and state privacy laws, the Superintendentdepartment. 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 onhis or herits Internet Web site. 7) Section 49414(jk ): (1) Designation of theschool districtlocal educational agency physician, the medical director of the local health department, or the local emergency medical services director that the schooldistrict ordistrict, county office of education, or charter school will consult for the prescription for epinephrine auto-injectors pursuant toparagraph (1) ofsubdivision (fg ). (2) Documentation as to which individual, the school nurse or other voluntarily trained person pursuant to SB 1266 | Page 12 subdivision (fg ), in the schooldistrict ordistrict, 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 nurseor other trained person pursuant to subdivision (f)or school administrator , in the schooldistrict ordistrict, county office of education, or charter school will obtain the prescription from the physician and the medication from a pharmacist. 1) Section 49414(kl ) 2) Section 49414(lm ) 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 ,orcounty 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 ,orcounty 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 byboth thea school district ,orcounty office of education , or charter school for a period of three years from the date the records were created.TheA school district ,orcounty 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 SB 1266 | Page 13 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 -- END --