BILL NUMBER: SB 1487	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 21, 2008

   An act to amend Section 49414.5 of the Education Code, relating to
pupil health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1487, as introduced, Negrete McLeod. Emergency medical
services: diabetes.
   Existing law provides that in the absence of a credentialed school
nurse or other licensed nurse onsite at the school, a school
district is authorized to provide school personnel with voluntary
medical training to provide emergency medical assistance to pupils
with diabetes suffering from severe hypoglycemia. Existing law
requires the State Department of Health Services' Diabetes Prevention
and Control Program to approve performance standards and make them
available upon request.
   This bill would authorize school personnel who volunteer to
administer insulin to pupils with diabetes who require insulin during
the regular school day, as defined, in the absence of a credentialed
school nurse or other licensed nurse onsite at the school, subject
to specified requirements. The bill would require the California
Department of Public Health, California Diabetes Program to approve
performance standards for distribution and make those standards
available upon request. The bill would revise training requirements,
and would make related changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 49414.5 of the Education Code is amended to
read:
   49414.5.  (a)  In the absence of a credentialed school
nurse or other licensed nurse onsite at the school, each school
district may provide school personnel with voluntary emergency
medical training to provide emergency medical assistance to pupils
with diabetes suffering from severe hypoglycemia, and volunteer
  Notwithstanding any other provision of law, school
personnel who volunteer and are trained to do so may provide
emergency care to pupils with diabetes suffering from severe
hypoglycemia and may administer insulin to pupils with diabetes who
require insulin during the regular school day, as defined in
subdivision (g) of Section   601 of Title 5 of the
California Code of Regulations, in the absence of a credentialed
school nurse or other licensed nurse onsite at the school. School
 personnel shall provide this emergency care, in accordance with
standards established pursuant to subdivision (b) and the
performance instructions set forth by the licensed health care
provider of the pupil.  The school also shall obtain the
statements required by subdivision (a) of Section 49423.  A
school employee who does not volunteer or who has not been trained
pursuant to subdivision (b)  may   shall 
not be required to provide emergency medical assistance pursuant to
this subdivision.
   (b) (1)  Emergency care for pupils with diabetes suffering
from severe hypoglycemia, including administering glucagon, shall be
provided in accordance with the glucagon training standards for
school personnel adopted by the California Diabetes Program in May of
2006. 
    (2)    The Legislature encourages the American
Diabetes Association to develop performance standards for the
training and supervision of school personnel in 
providingemergency medical assistance   administering
insulin  to pupils with diabetes  suffering from
  severe hypoglycemia  . The performance
standards shall be developed in cooperation with the department,
 the California School Nurses Organization,  the
California Medical Association, and the American Academy of
Pediatrics. Upon the development of the performance standards
pursuant to this  paragraph   subparagraph 
, the  State Department of Health Services' Diabetes
Prevention and Control   California Department of Public
Health, California Diabetes  Program shall approve the
performance standards for distribution and make those standards
available upon request.
    (2)  Training established pursuant to this
 subdivision   subparagraph  shall include
all of the following:
   (A) Recognition and treatment of  hypoglycemia 
 hyperglycemia  .
   (B) Administration of  glucagon   blood
glucose checks  .
   (C)  Basic emergency followup procedures, including, but
not limited to, calling the emergency 911 telephone number and
contacting, if possible, the pupil's parent or guardian and licensed
health care provider   Administration of insulin through
common delivery methods, including syringes, insulin pens, and
insulin pumps  .
   (3)  Training   Notwithstanding  
any other provision of law, training  by a physician,
credentialed school nurse, registered nurse, or certificated public
health nurse according to the standards established pursuant to this
section shall be deemed adequate training for the purposes of this
section.
   (4) (A) A school employee shall notify the credentialed school
nurse assigned to the school district if he or she administers
glucagon pursuant to this section.
   (B) If a credentialed school nurse is not assigned to the school
district, the school employee shall notify the superintendent of the
school district, or his or her designee, if he or she administers
glucagon pursuant to this section.
   (5) All materials necessary to administer the glucagon  or
  insulin  shall be provided by the parent or guardian
of the pupil.
   (c) In the case of a pupil who is able to self-test and monitor
his or her blood glucose level, upon written request of the parent or
guardian, and with authorization of the licensed health care
provider of the pupil, a pupil with diabetes shall be permitted to
test his or her blood glucose level and to otherwise provide diabetes
self-care in the classroom, in  any   an 
area of the school or school grounds, during  any 
 a  school-related activity, and, upon specific request by a
parent or guardian, in a private location.
   (d) For  the  purposes of this section, the
following terms have the following meanings:
   (1) "School personnel" means any one or more employees of a school
district who volunteers to be trained to administer emergency
medical assistance to a pupil with diabetes.
   (2) "Emergency medical assistance" means the administration of
glucagon to a pupil who is suffering from severe hypoglycemia. 
   (e) Individuals with diabetes who qualify for related health
services, including administration of insulin and glucagon, under the
federal Individuals with Disabilities Education Improvement Act (20
U.S.C. Sec. 1400) and its implementing regulations, or under Section
504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794)
and its implementing regulations, shall be provided with those
services pursuant to the pupil's individualized education program or
the plan adopted pursuant to Section 504 of the federal
Rehabilitation Act of 1973.  
   (f) It is the intent of the Legislature that Section 1799.102 of
the Health and Safety Code applies to the activities authorized by
this section.