BILL NUMBER: SB 65	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Strickland

                        JANUARY 6, 2011

   An act to add Section 49423.3 to the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 65, as introduced, Strickland. Pupil health: prescription
pancreatic enzymes.
   Existing law establishes the public elementary and secondary
school system in this state. Under this system, school districts
throughout the state provide instruction to pupils in kindergarten
and grades 1 to 12, inclusive, at the public elementary and secondary
schools.
   Existing law provides that any pupil who is required to take,
during the regular schoolday, medication prescribed for him or her by
a physician or surgeon may be assisted by the school nurse or other
designated school personnel or may carry and self-administer
prescription auto-injectable epinephrine or inhaled asthma
medication, under specified conditions, if the school district
receives the appropriate written statements, as prescribed, from the
physician or surgeon and the parent, foster parent, or guardian of
the pupil. Existing regulations of the State Department of Education
specify procedures to be followed in the administration of medication
to a pupil.
   This bill would further provide that any pupil who has been
diagnosed with cystic fibrosis and is required to take, during the
regular schoolday, medication prescribed for him or her by a
physician or surgeon may be assisted by the school nurse or other
designated school personnel or may carry and self-administer
prescription pancreatic enzymes if the school district receives the
appropriate written statements, as prescribed, from the physician or
surgeon and the parent, foster parent, or guardian of the pupil.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49423.3 is added to the Education Code, to
read:
   49423.3.  (a) Notwithstanding Section 49422, any pupil who has
been diagnosed with cystic fibrosis and is required to take, during
the regular schoolday, medication prescribed for him or her by a
physician or surgeon, may be assisted by the school nurse or other
designated school personnel or may carry and self-administer
prescription pancreatic enzymes if the school district receives the
appropriate written statements identified in subdivision (b).
   (b) (1) In order for a pupil to be assisted by a school nurse or
other designated school personnel in the administration of medication
pursuant to subdivision (a), the school district shall obtain both a
written statement from the physician or surgeon detailing the name
of the medication, the method by which the medication is to be taken,
and the amount of the medication to be taken, and a written
statement from the parent, foster parent, or guardian of the pupil
indicating the desire that the school district assist the pupil in
the matters set forth in the statement of the physician or surgeon.
   (2) In order for a pupil to carry and self-administer prescription
pancreatic enzymes pursuant to subdivision (a), the school district
shall obtain both a written statement from the physician or surgeon
detailing the name of the medication, the method by which the
medication is to be taken, and the amount of medication to be taken,
and confirming that the pupil is able to self-administer prescription
pancreatic enzymes just before a meal or snack, and a written
statement from the parent, foster parent, or guardian of the pupil
consenting to the self-administration, providing a release for the
school nurse or other designated school personnel to consult with the
health care provider of the pupil regarding any questions that may
arise with regard to the medication, and releasing the school
district and school personnel from civil liability if the
self-administering pupil suffers an adverse reaction as a result of
self-administering medication pursuant to this paragraph.
   (3) The written statements specified in this subdivision shall be
provided at least annually and more frequently if the medication,
dosage, frequency of administration, or reason for administration
changes.
   (c) A pupil may be subject to disciplinary action pursuant to
Section 48900 if that pupil uses pancreatic enzymes in a manner other
than as prescribed.