15-Day Notice of Modifications

1430 N Street Sacramento, CA 95814-5901

 

July 20, 2012

15-DAY NOTICE OF MODIFICATIONS TO TEXT OF PROPOSED
REGULATIONS REGARDING ADMINISTRATION OF EPILEPSY MEDICATION

Pursuant to the requirements of Government Code section 11346.8(c), and California Code of Regulations, title 1, section 44, the State Board of Education (SBE) is providing notice of changes made to the above-referenced proposed regulation text which was the subject of a regulatory hearing on May 7, 2012. 

Changes to the text:

After the 45-day comment period, the following changes have been made:

Initial Statement of Reasons has been updated to include “Effect of agencies: The proposed regulations address a program that is voluntary on the part of educational agencies, and therefore there are no mandated costs for such agencies. Those educational agencies that choose to participate in the program may encounter costs related to training or employee overtime.” This was added to comply with Government Code section 11346.3(e).

General changes were made to the regulations to include grammatical edits and renumbering/relettering to reflect deletions or additions.

SECTION 620 is amended to delete the phrase “during the regular school day.” This is necessary to maintain consistency in that Section 621(d), the definition of “regular school day,” is being deleted.

SECTION 621 (d) is deleted in response to a comment that expressed concern that the definition exceeds the scope of the statute. The amendment is necessary to ensure that the regulations are limited to those that are reasonably necessary to implement the statute.

SECTION 623(f)(9) is amended to add that “each report shall be documented.” This is necessary in order to maintain consistency with section 627(a)(5), which requires that volunteer nonmedical school employees document the administration of emergency anti-seizure medication.

SECTION 623 (f)(10) is added in response to a comment expressing concern that volunteers should know that their participation is truly voluntary. The amendment is necessary for purposes of clarity and to ensure that the volunteer clearly understands his rights.

SECTION 623 (f)(11) is added in response to a comment expressing concern that volunteers should know that their participation is truly voluntary. The amendment is necessary for purposes of clarity and to ensure that the volunteer clearly understands his rights.

SECTION 624(b) is amended to state “the pupil’s health care provider’s instructions as specified in section 626(a)(3).” This is necessary to clarify that the instructions being referred to are those specified in detail elsewhere in the regulations.

SECTIONS 625(a)(1-3) are added to clarify the circumstances under which training should take place in the first instance. This is necessary because, presently, the regulations only address the timing of re-training.

SECTIONS 625(b)(1-3) are added to clarify the circumstances under which re-training should occur. This is necessary in order to maintain consistency, given the addition of sections 625(a)(1-3) as to the circumstances under which training should take place in the first instance.

SECTION 626(a)(2) is amended to change the focus from the parent’s request for training of volunteers, which is one of the predicates to conducting training as discussed in section 625, to the parent’s written authorization for the volunteer to actually administer the medication, which is one of the predicates to the volunteer administering an emergency anti-seizure medication as discussed in section 626. Thus, we propose amending section 626(a)(2) to state, “The parent or guardian of the pupil with epilepsy has provided written authorization for a volunteer nonmedical school employee to administer an emergency anti-seizure medication.”

SECTION 626(a)(5) is amended to state that one of the predicates for administering an emergency anti-seizure medication is not only that the volunteer has completed training but that documentation of completion must be recorded in his or her personnel file. This is necessary to ensure consistency with section 623(f)(3), which states that the volunteer will be informed during training that he must not administer an emergency anti-seizure medication until he has completed the required training and documentation of completion is recorded in his personnel file.

SECTION 627(a)(5) is amended to delete the requirement that the volunteer retain the records. This is necessary to ensure consistency with Education Code section 49414.7(n)(3), which simply states that “a school or charter school” shall retain all records relating to the administration of emergency anti-seizure medication records.

SECTION 627(a)(6) is added to read “[Supervisor shall ensure that] Volunteer nonmedical personnel review any changes in the pupil’s health care provider’s instructions with the supervising licensed health care professional.” This section is added in response to public comment. Existing regulations state that training must be provided in accordance with the pupil’s health care provider’s instructions, section 624(b) – the contents of which are detailed in section 626(a)(3) – that a volunteer cannot administer an emergency anti-seizure medication until he has completed the training, section 623(f)(2) and (3), and that supervisor must ensure that the volunteer must have access to the pupil’s health care provider’s written instructions, section 627(a)(3). Accordingly, the expectation is that the volunteer will provide emergency medical assistance in accordance with the pupil’s health care provider’s instructions. The amendment is necessary to ensure that, if there are changes in the pupil’s health care provider’s instructions, the volunteer will provide emergency medical assistance in accordance with the revised instructions.

 

COMMENTS

If you have any comments regarding the proposed changes that are the topic of this

15-Day Notice, the SBE will accept written comments between July 21, 2012, and August 6, 2012, inclusive. All written comments must be submitted to the Regulations Coordinator via facsimile at 916-319-0155; e-mail at regcomments@cde.ca.gov or mailed and received at the following address by close of business at 5:00 p.m. on August 6, 2012, and addressed to:

Debra Thacker, Regulations Coordinator
Legal, Audits and Compliance Branch
Administrative Support and Regulations Adoption Unit
California Department of Education
1430 N Street, Suite 5319
Sacramento, CA 95814

All written comments received by 5:00 p.m. on August 6, 2012, which pertain to the indicated changes will be reviewed and responded to by California Department of Education (CDE) staff as part of the compilation of the rulemaking file. Written comments received by the CDE staff during the public comment period are subject to viewing under the Public Records Act. Please limit your comments to the 15-day modifications to the text.

 

 

California Department of Education
1430 N Street
Sacramento, CA 95814

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