BILL NUMBER: AB 2454	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 19, 2010

   An act to add Sections  49429 and 49429.1  
49404 and 49426.5  to the Education Code, relating to 
school nurses   pupil health  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2454, as amended, Torlakson.  Education: school nurses
  Pupil health .
   Existing law requires the governing board of any school district
to give diligent care to the health of pupils, and  the
boards are authorized   authorizes school boards 
to employ properly certified persons for the work.
   This bill  , on and after July 1, 2020,  would require
 every school district with over 500 pupils to employ at
least one school nurse, as defined   the governing board
of a school district to employ at least one   school 
 nurse,   registered nurse   ,   or
licensed vocational nurse for every 750 pupils. The bill would
require registered nurses and licensed vocational nurses to provide
health care services to pupils under the supervision of a school
nurse  .
   Because this bill would require school districts to perform new
duties  ,  it would impose a state-mandated local program.
   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   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.  The Legislature finds and declares all of the
following:
   (a) The health needs of pupils are currently not being adequately
met in California's schools due to the lack of qualified health
professionals employed by the school districts who have access to
local school campuses.
   (b) Nurses are uniquely qualified to attend to the primary care of
pupils suffering from chronic and acute health conditions.
   (c) It is the intent of the Legislature in enacting this act to
ensure that school districts more adequately address and meet the
health care needs of pupils by requiring that school districts employ
a sufficient number of qualified nurses to attend to the health
needs of pupils. 
  SEC. 2.    Section 49429 is added to the Education
Code, to read:
   49429.  (a) A school nurse is defined in Section 49426.
   (b) A registered nurse is defined under Chapter 6 (commencing with
Section 2700) of Division 2 of the Business and Professions Code.
 
  SEC. 3.    Section 49429.1 is added to the
Education Code, to read:
   49429.1.  Notwithstanding Section 49400, every school district
with 500 or more pupils shall employ at least one school nurse as
defined in subdivision (a) of Section 49429. 
   SEC. 2.    Section 49404 is added to the  
Education Code   , to read:  
   49404.  The governing board of a school district may bill a pupil'
s health insurer for the cost of health care services provided to the
pupil. 
   SEC. 3.    Section 49426.5 is added to the  
Education Code   , to read:  
   49426.5.  (a) The governing board of a school district shall
employ at least one school nurse, registered nurse, or licensed
vocational nurse for every 750 pupils.
   (b) A registered nurse or licensed vocational nurse shall provide
health care services to pupils under the supervision of a school
nurse. A school nurse may not supervise more than a combined total of
five registered nurses and licensed vocational nurses.
   (c) A school district may contract with a county office of
education for the services of a school nurse employed by the county
office of education.
   (d) This section shall not apply to school districts that are
served by a school health center, as defined in Section 124174 of the
Health and Safety Code.
   (e) For purposes of this section, the following definitions apply:

   (1) "Registered nurse" means a registered nurse currently licensed
under Chapter 6 (commencing with Section 2700) of Division 2 of the
Business and Professions Code.
   (2) "Licensed vocation nurse" means a licensed vocational nurse
currently licensed under Chapter 6.5 (commencing with Section 2840)
of Division 2 of the Business and Professions Code.
   (f) This section shall become operative on July 1, 2020. 
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.