BILL ANALYSIS
AB 942
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 942 (Leno)
As Amended August 28, 2003
Majority vote
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|ASSEMBLY: |76-0 |(May 27, 2003) |SENATE: |38-0 |(September 3, |
| | | | | |2003) |
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Original Committee Reference: ED.
SUMMARY : Authorizes school staff to provide emergency medical
assistance to diabetic pupils suffering from severe
hypoglycemia.
The Senate amendments:
1)Exempt a school employee who does not volunteer to provide the
services specified, or is not trained, as specified, from
being required to provide emergency medical assistance.
2)Encourage the American Diabetes Association to develop
performance standards for the training and supervision of
school personnel in providing emergency medical assistance to
pupils with diabetes suffering from severe hypoglycemia.
3)Require, upon the development of the performance standards,
the Department of Health Services' (DHS) Diabetes Prevention
and Control Program to approve the performance standards for
distribution and to make them available upon request.
4)Require a school employee to notify the school nurse when
he/she administers glucagon, however, in the event that a
school nurse is not assigned to the school, the superintendent
of the school district shall be notified.
5)Declare legislative intent that immunity from civil liability,
as specified in existing law, applies to activities authorized
by this bill.
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
AB 942
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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.
AS PASSED BY THE ASSEMBLY , this bill authorized school staff to
provide emergency medical assistance to diabetic pupils
suffering from severe hypoglycemia and required 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, develop performance standards for the
training and supervision of school personnel in providing
emergency medical assistance to pupils with diabetes suffering
from severe hypoglycemia.
FISCAL EFFECT : According to the Senate Appropriations
Committee, no direct fiscal effect.
COMMENTS : According to the author, there is significant
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, which was
vetoed, 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 would have 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
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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:
0003286