BILL NUMBER: AB 942 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2003
INTRODUCED BY Assembly Members Leno and Firebaugh
FEBRUARY 20, 2003
An act to add Section 49423.1 49414.5
to the Education Code, relating to pupil health.
LEGISLATIVE COUNSEL'S DIGEST
AB 942, as amended, Leno. Education: pupil health:
diabetes Emergency medical services: 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 authorize each school district to provide
voluntary emergency medical training to school personnel, as
defined, to administer emergency medical assistance to
pupils with diabetes in the absence of a credentialed school nurse or
other licensed nurse, in accordance with guidelines
standards 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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 49423.1 49414.5
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)
49414.5. (a) In the absence of a credentialed school nurse
or other licensed nurse onsite the school, other designated
school personnel shall administer emergency each
school district may provide school personnel with voluntary emergency
medical training to provide emergency medical assistance to
pupils with diabetes in accordance with guidelines
standards established pursuant to subdivision
(c) (b) and the instructions set forth by the
physician of the pupil.
(2) "Designated school personnel," for the purposes of this
section, means ____.
(c)
(b) (1) 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 establish standards of training for
school personnel in providing emergency medical 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) pupils with diabetes.
(2) Training established pursuant to this subdivision shall
include, but need not be limited to, all of the following:
(A) Recognition and treatment of hypoglycemia.
(B) Administration of glucagon.
(C) Basic emergency follow-up procedures, including, but not
limited to, calling the emergency 911 phone number and contacting, if
possible, the pupil's parent and physician.
(3) Training by a physician, credentialed school nurse, or other
licensed nurse according to the standards established pursuant to
this section shall be deemed adequate training for the purposes of
this section.
(4) A school employee shall notify the credentialed school nurse
assigned to the school district whenever he or she administers
glucagon pursuant to this section.
(5) All materials necessary to administer the glucagon shall be
provided by the parent or guardian of the pupil.
(c) 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.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "School personnel" means any one or more employees of a school
district who volunteer to be trained to administer emergency medical
assistance to a pupil with diabetes.
(2) "Emergency medical assistance" means the administration of
glucagon to a pupil who is suffering from severe hypoglycemia.