BILL NUMBER: AB 2454	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 19, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2454, as amended, Torlakson. Pupil health.
   Existing law requires the governing board of any school district
to give diligent care to the health of pupils, and authorizes school
boards to employ properly certified persons for the work.
   This bill, on and after July 1, 2020, would require the governing
board of a school district to employ at least one school nurse,
registered nurse, or licensed vocational nurse for every 750 pupils.
 Schools with more than 750 pupils would not be required to
employ more than one nurse.  The bill would require registered
nurses and licensed vocational nurses to provide health care services
to pupils under the supervision of a school nurse  , as
specified. The bill would provide that the number of pupils enrolled
at a school served by a school health   center, as defined,
shall not be included in a school district nurse-to-pupil ratio 
.
   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.  
   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, 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.  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 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   The number of pupils enrolled at a school 
served by a school health center, as defined in Section 124174 of the
Health and Safety Code  , shall not be included in a school
district nurse-to-pupil ratio calculated pursuant to this section
 . 
   (e) Schools with more than 750 enrolled pupils need not employ
more than one nurse.  
   (e) 
    (f)  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   vocational 
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) 
    (g)  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.

   SEC. 4.    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.