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AB-2132 Pupil health: self-administration of asthma medication.(2003-2004)

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Assembly Bill No. 2132
CHAPTER 832

An act to add Section 49423.1 to the Education Code, relating to pupil health.

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

LEGISLATIVE COUNSEL'S DIGEST


AB 2132, Reyes. Pupil health: self-administration of asthma 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 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 inhaled asthma 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 inhaled asthma medication in a manner other than as prescribed.
This bill would make its provisions effective only if SB 1912 of the 2003–04 Regular Session is enacted.

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


SECTION 1.

 Section 49423.1 is added to the Education Code, to read:

49423.1.
 (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 inhaled asthma medication if the school district receives the appropriate written statements specified 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 and surgeon 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 requesting that the school district assist the pupil in the matters set forth in the statement of the physician and surgeon.
(2) In order for a pupil to carry and self-administer prescription inhaled asthma medication 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 inhaled asthma medication, 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 by taking medication pursuant to this section.
(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 inhaled asthma medication in a manner other than as prescribed.

SEC. 2.

 This act shall become operative only if Senate Bill 1912 of the 2003–04 Regular Session is enacted and becomes effective on or before January 1, 2005.