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California Education Code Section 49414

Legal Research Home > California Laws > Education Code > California Education Code Section 49414

49414.  (a) A school district or county office of education may
provide emergency epinephrine auto-injectors to trained personnel,
and trained personnel may utilize those epinephrine auto-injectors to
provide emergency medical aid to persons suffering from an
anaphylactic reaction. Any school district or county office of
education choosing to exercise the authority provided under this
subdivision shall not receive state funds specifically for the
purposes of this subdivision.
   (b) For purposes of this section, the following terms have the
following meaning:
   (1) "Anaphylaxis" means a potentially life-threatening
hypersensitivity to a substance.
   (A) Symptoms of anaphylaxis may include shortness of breath,
wheezing, difficulty breathing, difficulty talking or swallowing,
hives, itching, swelling, shock, or asthma.
   (B) Causes of anaphylaxis may include, but are not limited to, an
insect sting, food allergy, drug reaction, and exercise.
   (2) "Epinephrine auto-injector" means a disposable drug delivery
system with a spring-activated concealed needle that is designed for
emergency administration of epinephrine to provide rapid, convenient
first aid for persons suffering a potentially fatal reaction to
anaphylaxis.
   (c) Each public and private elementary and secondary school in the
state may voluntarily determine whether or not to make emergency
epinephrine auto-injectors and trained personnel available at its
school. In making this determination, a school shall evaluate the
emergency medical response time to the school and determine whether
initiating emergency medical services is an acceptable alternative to
epinephrine auto-injectors and trained personnel. Any school
choosing to exercise the authority provided under this subdivision
shall not receive state funds specifically for the purposes of this
subdivision.
   (d) Each public and private elementary and secondary school in the
state may designate one or more school personnel on a voluntary
basis to receive initial and annual refresher training, based on the
standards developed pursuant to subdivision (e), regarding the
storage and emergency use of an epinephrine auto-injector from the
school nurse or other qualified person designated by the school
district physician, the medical director of the local health
department, or the local emergency medical services director. Any
school choosing to exercise the authority provided under this
subdivision shall not receive state funds specifically for the
purposes of this subdivision.
   (e) (1) The Superintendent of Public Instruction shall establish
minimum standards of training for the administration of epinephrine
auto-injectors that satisfy the requirements in paragraph (2). For
purposes of this subdivision, the Superintendent of Public
Instruction shall consult with organizations and providers with
expertise in administering epinephrine auto-injectors and
administering medication in a school environment, including, but not
limited to, the State Department of Health Services, the Emergency
Medical Services Authority, the American Academy of Allergy, Asthma,
and Immunology, the California School Nurses Organization, the
California Medical Association, the American Academy of Pediatrics,
and others.
   (2) Training established pursuant to this subdivision shall
include all of the following:
   (A) Techniques for recognizing symptoms of anaphylaxis.
   (B) Standards and procedures for the storage and emergency use of
epinephrine auto-injectors.
   (C) Emergency follow-up procedures, including calling the
emergency 911 phone number and contacting, if possible, the pupil's
parent and physician.
   (D) Instruction and certification in cardiopulmonary
resuscitation.
   (E) Written materials covering the information required under this
subdivision.
   (3) A school shall retain for reference the written materials
prepared under subparagraph (E) of paragraph (2).
   (f) A school nurse, or if the school does not have a school nurse,
a person who has received training pursuant to subdivision (d), may
do the following:
   (1) Obtain from the school district physician, the medical
director of the local health department, or the local emergency
medical services director a prescription for epinephrine
auto-injectors.
   (2) Immediately administer an epinephrine auto-injector to a
person exhibiting potentially life-threatening symptoms of
anaphylaxis at school or a school activity when a physician is not
immediately available.
   (g) A person who has received training as set forth in subdivision
(d) or a school nurse shall initiate emergency medical services or
other appropriate medical follow up in accordance with the training
materials retained pursuant to paragraph (3) of subdivision (e).
   (h) Any school district or county office of education electing to
utilize epinephrine auto-injectors for emergency medical aid shall
create a plan to address all of the following issues:
   (1) Designation of the individual or individuals who will provide
the training pursuant to subdivision (d).
   (2) Designation of the school district physician, the medical
director of the local health department, or the local emergency
medical services director that the school district or county office
of education will consult for the prescription for epinephrine
auto-injectors pursuant to paragraph (1) of subdivision (f).
   (3) Documentation as to which individual, the school nurse or
other trained person pursuant to subdivision (f), in the school
district or county office of education will obtain the prescription
from the physician and the medication from a pharmacist.
   (4) Documentation as to where the medication is stored and how the
medication will be made readily available in case of an emergency.


Section: Previous  49406  49407  49408  49409  49410  49410.2  49410.5  49410.7  49411  49412  49413  49414  49414.5  49414.7  49415  Next

Last modified: March 17, 2014