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SB-1912 Pupil health: self-administration of medication.(2003-2004)

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SB1912:v89#DOCUMENT

Senate Bill No. 1912
CHAPTER 846

An act to amend Section 49423 of the Education Code, relating to pupil health, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 28, 2004. Approved by Governor  September 28, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1912, Ashburn. Pupil health: self-administration of medication.
Existing law provides that each pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician, may be assisted by the school nurse or other designated school personnel if the school district receives a written statement from the physician detailing the method, amount, and time schedules by which the medication is 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 physician’s statement.
This bill would authorize a pupil to carry and self-administer auto-injectable epinephrine medication if the school district receives the statements described above.
The bill would require the written statements to be provided to the school district at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes.
The bill would subject a pupil to specified disciplinary actions if that pupil uses the auto-injectable epinephrine medication in a manner other than as prescribed.
This bill would make its provisions operative only if AB 2132 of the 2003–04 Regular Session is enacted.
This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 49423 of the Education Code is amended to read:

49423.
 (a) Notwithstanding Section 49422, any pupil who is required to take, during the regular schoolday, medication prescribed for him or her by a physician and surgeon, may be assisted by the school nurse or other designated school personnel or may carry and self-administer prescription auto-injectable epinephrine 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 pursuant to subdivision (a), the school district shall obtain both a written statement from the physician detailing the name of the medication, method, amount, and time schedules by which the medication is 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.
(2) In order for a pupil to carry and self-administer prescription auto-injectable epinephrine pursuant to subdivision (a), the school district shall obtain both a written statement from the physician and surgeon detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken, and confirming that the pupil is able to self-administer auto-injectable epinephrine, 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-adminsitering 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 auto-injectable epinephrine in a manner other than as prescribed.

SEC. 2.

 This act shall become operative only if Assembly Bill 2132 of the 2003–04 Regular Session is enacted and becomes effective on or before January 1, 2005.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide, at the earliest possible time, for the protection of the health of pupils and prevent deaths, it is necessary that this act take effect immediately.