BILL ANALYSIS Ó
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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
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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
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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
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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
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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
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SUPPORT/OPPOSITION: SEE ABOVE
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