BILL NUMBER: AB 1116 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2005
AMENDED IN SENATE AUGUST 30, 2005
AMENDED IN SENATE JULY 12, 2005
AMENDED IN SENATE JUNE 14, 2005
AMENDED IN ASSEMBLY MAY 9, 2005
AMENDED IN ASSEMBLY APRIL 28, 2005
INTRODUCED BY Assembly Member Yee
(Coauthor: Senator Hollingsworth)
FEBRUARY 22, 2005
An act to add Section 1507.25 to the Health and Safety Code,
relating to community care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1116, as amended, Yee Community care facilities: foster
children: injections.
Existing law regulates the licensure of community care facilities
by the State Department of Social Services and authorizes a community
care facility to provide certain incidental medical services.
Existing law authorizes facility staff who are not licensed health
care professionals to provide incidental medical services in a
community care facility for adults if, among other things, they are
trained by a licensed health care professional and supervised
according to an individualized health care plan for clients that is
prepared by a health care team and reassessed at least every 12
months or as more frequently determined by the client's physician or
nurse practitioner.
Existing law separately provides for the provision of specialized
in-home health care services for foster children with designated
medical conditions.
This bill would authorize designated foster care providers and
other persons to administer emergency medical assistance and
injections for diabetes severe diabetic
hypoglycemia and anaphylactic shock, or
and subcutaneous injections of other prescribed medication, to
a foster child, if the provider is trained to administer injections
by a licensed health care professional. The bill would not supersede
existing law requirements applicable to the administration of
psychotropic medication to a dependent child of the court. The bill
would require the licensed health care professional to periodically
review, correct, or update this training as the health care
professional deems necessary and appropriate.
This bill would prohibit a child's need to receive injections
pursuant to the bill from being the sole basis for determining that
the child has a medical condition requiring specialized in-home
health care, notwithstanding existing law.
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. The Legislature finds and declares all of the
following:
(a) Anaphylaxis is a severe allergic reaction that involves the
entire body. It can result in breathing difficulty, loss of
consciousness, and even death if not immediately treated. Anaphylaxis
is a medical emergency that requires immediate medical treatment.
Severe anaphylactic shock can be reversed by use of an epinephrine
autoinjector that delivers a single, pre-measured dose of
epinephrine.
(b) Severe diabetic hypoglycemia is a life-threatening condition
that can quickly lead to loss of consciousness, coma, and death.
Severe diabetic hypoglycemia is a medical emergency that requires
immediate medical treatment. Severe diabetic hypoglycemia can be
reversed by an injection of glucagon.
(c) In the absence of trained medical personnel, relative
caregivers or foster parents are often the only individuals in a
position to provide emergency medical assistance to a foster child
suffering anaphylaxis or severe diabetic hypoglycemia.
(d) It is the intent of the Legislature in enacting this act to
authorize properly trained foster parents and relative caregivers to
provide emergency medical services to foster children suffering from
anaphylaxis or severe diabetic hypoglycemia, as well as
other prescribed medication, under appropriate circumstances.
hypoglycemia.
(e) It is the intent of the Legislature to authorize gratuitous
medical care by foster parents and their replacement designees as
required in the care of a foster child in carrying out a medical
order prescribed by a licensed health care practitioner, as long as
the foster parents and replacement designees do not in any way assume
to practice as a professional, registered, graduate or trained
nurse.
SEC. 2. Section 1507.25 is added to the Health and Safety Code, to
read:
1507.25. (a) (1) Notwithstanding any other provision of law, a
person described in paragraph (2), who is not a licensed health care
professional, but who is trained to administer injections by a
licensed health care professional practicing within his or her scope
of practice, may administer emergency medical assistance and
injections for diabetes and anaphylactic shock, and subcutaneous
injections of other medications as prescribed by the child's
physician, to a foster child in placement. and
injections for severe diabetic hypoglycemia and anaphylactic shock to
a foster child in placement.
(2) The following individuals shall be authorized to administer
emergency medical assistance and injections in accordance with this
section subdivision :
(A) A relative caregiver.
(B) A nonrelative extended family member.
(C) A foster family home parent.
(D) A small family home parent.
(E) A certified parent of a foster family agency.
(F) A substitute caregiver of a foster family home or a certified
family home.
(G) A direct care staff member of a small family home or a group
home.
(3) The licensed health care professional shall periodically
review, correct, or update training provided pursuant to this section
as he or she deems necessary and appropriate.
(b) (1) Notwithstanding any other provision of law, a person
described in paragraph (2), who is not a licensed health care
professional, but who is trained to administer injections by a
licensed health care professional practicing within his or her scope
of practice, may administer subcutaneous injections of other
medications, including insulin, as prescribed by the child's
physician, to a foster child in placement.
(2) The following individuals shall be authorized to give
prescribed injections including insulin in accordance with this
subdivision:
(A) A relative caregiver.
(B) A nonrelative extended family member.
(C) A foster family home parent.
(D) A small family home parent.
(E) A certified parent of a foster family agency.
(F) In the absence of a foster parent, a designated substitute
caregiver in a foster family home or a certified family home.
(3) The licensed health care professional shall periodically
review, correct, or update training provided pursuant to this section
as he or she deems necessary and appropriate.
(b)
(c) For purposes of this section, administration of an
insulin injection shall include all necessary supportive activities
related to the preparation and administration of injection, including
glucose testing and monitoring.
(c)
(d) Notwithstanding Part 5.5 (commencing with Section
17700) of Division 9 of, and particularly subdivision (g) of Section
17710 of, the Welfare and Institutions Code, a child's need to
receive injections pursuant to this section shall not be the sole
basis for determining that the child has a medical condition
requiring specialized in-home health care.
(d)
(e) This section does not supersede the requirements of
Section 369.5 of the Welfare and Institutions Code, with respect to
the administration of psychotropic medication to a dependent child of
the court.