BILL ANALYSIS Ó
SENATE COMMITTEE ON HEALTH
Senator Ed Hernandez, O.D., Chair
BILL NO: SB 1258
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|AUTHOR: |Huff |
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|VERSION: |March 29, 2016 |
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|HEARING DATE: |April 6, 2016 | | |
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|CONSULTANT: |Reyes Diaz |
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SUBJECT : Pupil health: food allergies: local educational agency
policy
SUMMARY : Requires a school district, county office of education, and
charter school to develop a comprehensive policy, as specified,
in coordination with specified individuals, to protect pupils
with food allergies.
Existing law:
1)Requires school districts, county offices of education, and
charter schools to provide emergency epinephrine
auto-injectors (EAIs) to school nurses and trained personnel
who have volunteered, as specified, and would authorize school
nurses and trained personnel to use EAIs to provide emergency
medical aid to persons suffering, or reasonably believed to be
suffering, from an anaphylactic reaction.
2)Requires a qualified supervisor of health or administrator at
a school district, county office of education, or charter
school to obtain the prescription for EAIs from an authorizing
physician and surgeon, as defined, and would authorize the
prescription to be filled by local or mail order pharmacies or
EAI manufacturers.
This bill:
1)Requires a school district, county office of education, and
charter school to develop a comprehensive policy to protect
pupils with food allergies. Requires the policy to include, at
a minimum, protocols for pupils with food allergies that
pertain to all of the following:
a) School stocking of medication, including
storage of medication in classrooms;
SB 1258 (Huff) Page 2 of ?
b) School parties;
c) Lunch time, including seating arrangements;
d) Food served by the local educational agency
(LEA);
e) After-school events;
f) Field trips;
g) Bullying;
h) Recess; and,
i) Teacher and employee training.
2)Requires a LEA to create the policy in coordination with, at a
minimum:
a) A LEA or schoolsite nurse, or if there is no
LEA or schoolsite nurse, the LEA or schoolsite's
designated health personnel;
b) A parent of a pupil with a food allergy;
c) An ad hoc parent; and,
d) A director of food services.
FISCAL
EFFECT : This bill has not been analyzed by a fiscal committee.
COMMENTS :
1)Author's statement. According to the author, in 2014,
recognizing the importance of a new and emerging life
threatening health issue, the Legislature acted in a
bi-partisan manner and passed SB 1266 (Huff, Chapter 321,
Statutes of 2014), which required extra EAIs in public schools
in case of emergencies. That landmark legislation helped
cement the Legislature's commitment to ensure students with
life threatening allergies are safe at school. After my work
on SB 1266, it became apparent that schools are lacking in
policies and direction on how to accommodate children with
food allergies. Whether it be lunch hour seating, field trips,
school parties, storage of medication, or bullying, there
currently is no comprehensive approach. According to the
California School Boards Association (CSBA), approximately 1/3
of schools have policies on this issue. This means many
schools have no policies at all, leaving parents and teachers
in a predicament on how to ensure children are safe during
school hours. The lack of consistency on this issue leaves
schools open for liability concerns. SB 1258 will require
districts to create a policy to address accommodations and
safety measures. These policies will help ensure the safety
for the student, provide clear direction to teachers, and ease
SB 1258 (Huff) Page 3 of ?
liability for the district.
2)Background. According to the Food Allergy Research & Education
(FARE) Web site, eight foods account for 90% of all reactions:
milk, eggs, peanuts, tree nuts, soy, wheat, fish, and
shellfish. Even trace amounts of a food allergen can cause a
reaction. Researchers estimate that up to 15 million Americans
have food allergies. This potentially deadly disease affects
one in every 13 children (under 18 years of age) in the U.S.,
equaling roughly two in every classroom. According to a study
released in 2013 by the Centers for Disease Control and
Prevention, food allergies among children increased
approximately 50% between 1997 and 2011. FARE's Web site
state's the economic cost of children's food allergies is
nearly $25 billion per year. Teenagers and young adults with
food allergies are at the highest risk of fatal food-induced
anaphylaxis. CSBA has a sample policy that addresses
students' food allergies and special dietary needs, including
the development of guidelines that address things such as
strategies for identifying students at risk for allergic
reactions, avoidance measures, education of staff regarding
typical symptoms, and actions to be taken in the event of a
severe allergic reaction. CSBA notes in the sample policy that
it is prohibited to exclude students from school activities or
otherwise discriminate against, harass, intimidate, or bully
them because of their food allergies.
3)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
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(FARE), approximately 25% of first-time allergic reactions
that require epinephrine happen at school.
4)Double referral. Should this bill pass out of this Committee,
it will be referred to the Senate Education Committee.
5)Prior legislation. SB 738 (Huff, Chapter 132, Statutes of
2015), prohibits an authorizing physician and surgeon from
being subject to professional review, being liable in a civil
action, or being subject to criminal prosecution for the
issuance of a prescription or order, unless the physician and
surgeon's issuance of the prescription or order constitutes
gross negligence or willful or malicious conduct.
SB 1266, requires school districts, county offices of
education, and charter schools to provide emergency EAIs to
school nurses and trained personnel who have volunteered, as
specified, and would authorize school nurses and trained
personnel to use EAIs to provide emergency medical aid to
persons suffering, or reasonably believed to be suffering,
from an anaphylactic reaction.
SB 669 (Huff, Chapter 725, Statutes of 2013), permits 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), permits a
school district or county office of education to provide
emergency EAIs to trained personnel, and permits trained
personnel to utilize these EAIs to provide emergency medical
aid to persons suffering from an anaphylactic reaction at a
school or during a school activity.
SB 1258 (Huff) Page 5 of ?
SUPPORT AND OPPOSITION :
Support: None received
Oppose: None received
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