BILL NUMBER: AB 942	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Leno and Firebaugh

                        FEBRUARY 20, 2003

   An act to add Section 49423.1 to the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 942, as introduced, Leno.  Education:  pupil health:  diabetes.

   (1) Existing law provides that each pupil who is required to take,
during the regular schoolday, medication prescribed for him or her
by a physician, may be assisted by the school nurse or other
designated school personnel if the school district receives a written
statement from the physician detailing the method, amount and time
schedules by which the medication is to be taken and a written
statement from the parent or guardian of the pupil indicating the
desire that the school district assist the pupil in the matters set
forth in the physician's statement.
   This bill would specifically make those provisions applicable to
pupils with diabetes, and would provide for other designated school
personnel, as defined, to administer emergency assistance to pupils
with diabetes in the absence of a credentialed school nurse or other
licensed nurse, in accordance with guidelines for training the
personnel established by the State Department of Health Services'
Diabetes Control Program, thereby imposing a state-mandated local
program.  The bill would permit certain pupils to test their blood
glucose level and provide diabetes self-care in any area of the
school or during any school-related activity upon the request of the
pupil's parent or guardian and with physician authorization.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 49423.1 is added to the Education Code, to
read:
   49423.1.  (a) Notwithstanding Chapter 6 (commencing with Section
2700) of Division 2 of the Business and Professions Code, Section
49423 shall apply to pupils with diabetes.
   (b) (1) In the absence of a credentialed school nurse or other
licensed nurse onsite the school, other designated school personnel
shall administer emergency assistance to pupils with diabetes in
accordance with guidelines established pursuant to subdivision (c)
and the instructions set forth by the physician of the pupil.
   (2) "Designated school personnel," for the purposes of this
section, means ____.
   (c) The State Department of Health Services' Diabetes Control
Program, working in cooperation with the Board of Registered Nursing,
the State Department of Education, the American Diabetes
Association, the California School Nurses Organization, the
California Medical Association, and the American Academy of
Pediatrics, shall develop guidelines for the training of designated
school personnel in providing emergency assistance to pupils with
diabetes.  These guidelines shall include, but need not be limited
to, basic emergency response, administration of glucagon and other
emergency response procedures specific to diabetes including
recognition and treatment of hypoglycemia, hyperglycemia, adverse
reaction, or overdose.  The guidelines shall ensure that designated
school personnel are competent to provide assistance in accordance
with the training.  Training by a credentialed school nurse or an
other licensed nurse according to these guidelines shall be deemed
adequate training of designated school personnel.
   (d) In the case of a pupil who is able to self-test and monitor
his or her blood glucose level or self-administer insulin, upon
written request of the parent or guardian, and with authorization of
the physician of the pupil, a pupil with diabetes shall be permitted
to test his or her blood glucose level and to otherwise provide
diabetes self-care in the classroom, in any area of the school or
school grounds, during any school-related activity, and, upon
specific request by a parent or guardian, a private location.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.