BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1266| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1266 Author: Huff (R), et al. Amended: 5/27/14 Vote: 21 SENATE EDUCATION COMMITTEE : 7-0, 4/2/14 AYES: Liu, Wyland, Correa, Galgiani, Hueso, Huff, Monning NO VOTE RECORDED: Block, Hancock SENATE HEALTH COMMITTEE : 9-0, 4/24/14 AYES: Hernandez, Morrell, Beall, De León, DeSaulnier, Evans, Monning, Nielsen, Wolk SENATE JUDICIARY COMMITTEE : 7-0, 4/29/14 AYES: Jackson, Anderson, Corbett, Lara, Leno, Monning, Vidak SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14 AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg SUBJECT : Epinephrine auto-injectors SOURCE : Food Allergy Research and Education DIGEST : This bill requires school districts, charter schools and county offices of education (COEs) to provide emergency epinephrine auto-injectors (EAIs) to trained personnel who has volunteered to provide emergency medical aid to a person suffering from an anaphylactic reaction. This bill requires local educational agencies (LEAs) to have a trained volunteer to administer EAIs in emergencies and requires that each employee CONTINUED SB 1266 Page 2 who volunteers is provided defense and indemnification by the LEA for any and all civil liability, as specified. Additionally, this bill requires certain reporting by the school nurse or designated employee, and by the LEA, and specifies that the Superintendent of Public Instruction (SPI) must review the minimum training standards for the administration of EAIs at least every five years, as specified. ANALYSIS : Existing law: 1. Authorizes a school district or COE to provide emergency epinephrine auto-injectors to trained personnel, and authorizes trained personnel to use an epinephrine auto-injector to provide emergency medical aid to a person suffering from an anaphylactic reaction. 2. Authorizes public schools to designate at least one school personnel on a voluntary basis to receive initial and annual training, based on specific standards, regarding the storage and emergency use of an epinephrine auto-injector. 3. Authorizes a school nurse, or if the school does not have a nurse, a person who has received training, to: A. Obtain a prescription for epinephrine auto-injectors from the school district physician, medical director of the local health department, or local emergency medical services director. B. 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. 4. Requires a school district or COE electing to use epinephrine auto-injectors for emergency medical aid to create a plan to address all of the following issues: A. Designation of the person(s) who will provide the training. B. Designation of the school district physician, medical CONTINUED SB 1266 Page 3 director of the local health department or local emergency medical services director who will be consulted for the prescription for epinephrine auto-injectors. C. Documentation as to who will obtain the prescription and the medication. D. Documentation regarding where the epinephrine auto-injector is stored and how the epinephrine auto-injector will be made readily available in case of an emergency. 5. Requires the SPI to develop minimum standards of training, and requires the training to 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 911 and contacting, if possible, the student's parents and physician. D. Instruction and certification in cardiopulmonary resuscitation. E. Written materials covering the information described above. 6. Authorizes, in the absence of a credentialed school nurse or other licensed nurse onsite at the school, non-medical school personnel to administer medication to a pupil in an emergency, after receiving specified training: A. Glucagon may be administered to students with diabetes suffering from severe hypoglycemia. B. Emergency anti-seizure medication may be administered to students with epilepsy suffering from seizures. This bill requires school districts, charter schools and COEs to provide emergency EAIs to trained personnel to provide emergency CONTINUED SB 1266 Page 4 medical aid to a person suffering from an anaphylactic reaction. This bill requires LEAs to have a trained volunteer to administer EAIs in emergencies and requires that each employee who volunteers is provided defense and indemnification by the LEA for any and all civil liability, as specified. Additionally, this bill requires certain reporting by the school nurse or designated employee, and by the LEA, and specifies that the SPI must review the minimum training standards for the administration of EAIs at least every five years, as specified. This bill requires the school nurse or voluntarily designated employee to report any incident of EAI use to the school district, COE, or chartering authority on a form developed by the California Department of Education (CDE) within 30 days after the last day of each school year and require the CDE to annually post the result of those forms on its Internet Web site. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: Mandate: Potentially substantial reimbursable state mandate on LEAs to provide and maintain EAIs, train volunteers, and adhere to reporting requirements. Annual costs will be in the millions of dollars (General Fund); the cost of purchasing EAIs for the more than 10,000 district schools alone will exceed $2 million. Standards: Costs to the CDE to review and update minimum training standards would be minor and absorbable. SUPPORT : (Verified 5/27/14) Food Allergy Research and Education (source) Allergy & Asthma Associates of Southern California Allergy & Asthma Medical Group & Research Center Allergy and Asthma Associates of Northern California American Academy of Allergy Asthma and Immunology American College of Emergency Physicians American Red Cross CONTINUED SB 1266 Page 5 Asthma and Allergy Foundation of America Bay Area Allergy Advisory Board Bay Area Food Allergy 5k Walk/Run in Memory of BJ HOM California Academy of Family Physicians California Academy of Physician Assistants California Advocates for People with Food Allergies California Allergy Support & Anaphylaxis Prevention California American College of Emergency Physicians California Pharmacists Association California Physicians United for SB 1266 California School Nurses Organization California Society of Allergy Asthma and Immunology California Society of Health-System Pharmacists California State PTA Capital Allergy & Respiratory Disease Center Children's Hospital Los Angeles Food Allergy and Anaphylaxis Connection Team Food Allergy Research & Education Food Allergy Support of Sacramento Kids with Food Allergies Lucille Packard Children's Hospital Mercy Medical Group Mylan Natalie Giorgi Sunshine Foundation Northern California Allergy & Asthma Advocates Nut Free Wok Orange County Tax Payers Association San Clemente Food Allergy Support Group San Diego Food Allergy San Diego Food Allergy Support Group Sanofi San Francisco Bay Area Food Allergy Network South Orange County Food Allergy Network Stanford Food Allergy & Food Sensitivity Center Community Council Sutter Medical Group The Allergy Station OPPOSITION : (Verified 5/27/14) California Federation of Teachers PQ:d 5/27/14 Senate Floor Analyses CONTINUED SB 1266 Page 6 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED