BILL ANALYSIS
AB 942
Page 1
ASSEMBLY THIRD READING
AB 942 (Leno)
As Amended April 24, 2003
Majority vote
EDUCATION 9-0 HEALTH 23-0
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|Ayes:|Goldberg, Cohn, Diaz, |Ayes:|Frommer, Pacheco, Bates, |
| |Garcia, Hancock, Liu, | |Chan, Chu, Cohn, Dutton, |
| |Mullin, Pavley, Reyes | |Goldberg, Haynes, Koretz, |
| | | |Lieber, Maze, McCarthy, |
| | | |Montanez, Nakanishi, |
| | | |Nakano, Negrete McLeod, |
| | | |Nunez, Plescia, Richman, |
| | | |Ridley-Thomas, Salinas, |
| | | |Yee |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 24-0
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|Ayes:|Steinberg, Bates, Berg, | | |
| |Calderon, Montanez, | | |
| |Correa, Daucher, Diaz, | | |
| |Firebaugh, Goldberg, | | |
| |Haynes, Leno, Maldonado, | | |
| |Nation, | | |
| |Negrete McLeod, Nunez, | | |
| |Pacheco, Pavley, | | |
| |Ridley-Thomas, Runner, | | |
| |Samuelian, Simitian, | | |
| |Wiggins, Yee | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes school staff to provide emergency medical
assistance to diabetic pupils suffering from severe
hypoglycemia. Specifically, this bill :
1)Requires that the American Diabetes Association, in
cooperation with the State Department of Education (SDE),
California School Nurses Organization, California Medical
Association, and American Academy of Pediatrics, to develop
AB 942
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performance standards for the training and supervision of
school personnel in providing emergency medical assistance to
pupils with diabetes suffering from severe hypoglycemia.
2)Requires the Department of Health Services' (DHS) Diabetes
Prevention and Control Program to approve the above standards
and to make them available upon request.
3)Authorizes school districts to provide personnel with
voluntary training in accordance with the above standards in
the absence of a credentialed school nurse or other licensed
nurse.
4)Specifies that the training include recognition and treatment
of hypoglycemia, administration of glucagon, and basic
emergency follow-up procedures.
5)Authorizes trained personnel to administer emergency medical
assistance to pupils with diabetes suffering from severe
hypoglycemia.
6)Requires a school employee to notify the school nurse when
he/she administers glucagon and specifies that all materials
necessary to administer glucagon be provided by the student's
parent or guardian.
7)Permits a diabetic student to test his/her blood glucose level
with a written request of a parent or guardian and
authorization from the student's health care provider.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, "According to DHS, minor costs likely less than
$50,000 to review and approve guidelines, as specified.
COMMENTS : According to the author, there is significant
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confusion over who can administer medication in schools, which
leads to inconsistent school health policies. Many argue only
licensed nurses can administer medication in schools and results
in a situation where, when there is no school nurse on site, a
child must go without necessary medication. Existing California
law has led to a disconnect, where schools are required to meet
pupil health needs but only certified persons are permitted to
fulfill such obligations. School districts are not required to
employ these certified persons, and many do not. Consequently,
many California schools have no staff to attend to pupil's
emergency health needs. This bill would address this problem
for diabetic students who may require medication in emergency
situations.
Previous legislation, AB 481 (Firebaugh) of 2002, would have
required properly trained teachers to administer insulin or
glucagon and perform testing and monitoring of a pupil's blood
glucose level in the absence of a school nurse. AB 481 also
prohibited school personnel from being required to provide
assistance to diabetic pupils unless the parent or guardian has
signed a waiver of liability and authorized pupils to test their
blood glucose level and provide diabetes self-care. AB 481 was
vetoed by the Governor because it "would create a costly new
state reimbursable mandate estimated by the Department of
Finance to be potentially tens of millions of dollars. In
addition, I am advised by school district personnel that the
immunity from liability language may protect neither the school
district or school personnel from liability."
Analysis Prepared by : Misty Padilla / ED. / (916) 319-2087
FN: 0001011