Notice of Proposed Rulemaking
TOM TORLAKSON, State Superintendent of Public Instruction
916-319-0800
MICHAEL W. KIRST, President
916-319-0827
AMENDMENTS TO THE CALIFORNIA CODE OF REGULATIONS, TITLE 5
REGARDING THE ADMINISTRATION OF EPILEPSY MEDICINE: EMERGENCY MEDICAL ASSISTANCE
Notice Published March 23, 2012
NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the regulations described below after considering all comments, objections, or recommendations regarding the proposed action.
PUBLIC HEARING
California Department of Education (CDE) staff, on behalf of the SBE, will hold a public hearing at 1:30 p.m. May 7, 2012, at 1430 N Street, Room 1801, Sacramento, California. The room is wheelchair accessible. At the hearing, any person may present statements or arguments, orally or in writing, relevant to the proposed action described in the Informative Digest. The SBE requests, but does not require, that persons who make oral comments at the hearing also submit a written summary of their statements. No oral statements will be accepted subsequent to this public hearing.
WRITTEN COMMENT PERIOD
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to:
Debra Thacker, Regulations Coordinator
Administrative Support and Regulations Adoption
California Department of Education
1430 N Street, Room 5319
Sacramento, CA 95814
Comments may also be submitted by facsimile (FAX) at 916-319-0155 or by e-mail to regcomments@cde.ca.gov. Comments must be received by the Regulations Coordinator by 5:00 p.m. on May 7, 2012. All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act.
AVAILABILITY OF CHANGED OR MODIFIED TEXT
Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified regulation will be available for 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposal.
AUTHORITY AND REFERENCE
Authority: Sections 33031 and 49414.7, Education Code; Cal. Stats 2011, c. 560 (S.B. 161), sec. 1(b).
Reference: Section 49414.7, Education Code.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
More than 90,000 children in California have epilepsy, a common symptom of which is seizures. Diastat is a trademark administration system of diazepam (valium) and is currently the only FDA-approved, at-home medication for the treatment of acute repetitive seizures, or "cluster" seizures. Diastat, a rectally-administered gel, was specifically developed to be administered by people without medical training and is considered the fastest, safest and most effective way to treat epileptic seizures. Many seizure patients, despite maintenance medication, experience breakthrough seizures. Up to 35% of patients on anti-seizure medications may not be adequately controlled. Between 50,000 and 200,000 generalized convulsive status epileptic seizures occur every year in the United States, with an overall mortality rate of 20%. Status seizures lasting more than one hour have a mortality rate of 32%, compared with 2.7% for seizures of shorter duration. California's nurse-to-student ratio is approximately 1:2,200. According to the California Basic Educational Data System, about one-half of school districts do not have a school nurse.
The proposed regulations will implement the provisions of Education Code section 49414.7, which became effective January 1, 2012. The Legislature passed Senate Bill (SB) 161 and it was signed by the Governor on October 7, 2011 (Statutes of 2011, Chapter 560). SB 161 authorizes a school district, county office of education, or charter school to participate in a program to provide nonmedical school employees with voluntary emergency medical training to administer emergency medical assistance to pupils with epilepsy suffering from seizures. The emergency medical assistance would be provided only in the absence of a school nurse or other licensed nurse onsite at the school or charter school, and with a parent’s written authorization. The emergency medical training is to be provided in accordance with guidelines to be developed by the California Department of Education (CDE) in consultation with the State Department of Public Health. The CDE is required to post these guidelines on its web site by July 1, 2012. These regulations are being proposed because SB 161 states that the training must be “consistent” with the guidelines and that a nonmedical school employee who has completed the voluntary training and provides assistance “shall” provide assistance “using the guidelines.” Because the guidelines are to be rules of general application that implement SB 161, it is necessary to adopt them as regulations.
The Legislature determined that the nonmonetary benefits of the regulation to the health and welfare of California residents and to the State’s environment are that in the absence of a credentialed school nurse or other licensed nurse onsite at the school, it is in the best interest of the health and safety of children to allow trained school employees to administer an emergency antiseizure medication to pupils in public schools.
DISCLOSURES REGARDING THE PROPOSED REGULATION
The SBE has made the following initial determinations:
There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations.
The proposed regulatory amendments are consistent and compatible with State laws and regulations.
The proposed regulations do not require a report to be made.
FISCAL IMPACT
Mandate on local agencies or school districts: None
Cost or savings to state agencies: Minimal costs will be incurred by the CDE associated with maintaining a clearinghouse, on the CDE Web site, for best practices in training nonmedical personnel in administering emergency anti-seizure medication to pupils.
Costs to any local agencies or school districts for which reimbursement would be required pursuant to Part 7 (commencing with section 17500) of division 4 of the Government Code: None
Other non-discretionary cost or savings imposed on local educational agencies: The program is voluntary and would not result in state mandated costs.
Cost or savings in federal funding to the state: None
Economic Impact Analysis
Significant, statewide adverse economic impact directly affecting business including the ability of California businesses to compete with businesses in other states: None
Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
Adoption of these regulations will not 1) create or eliminate jobs within California; 2) create new businesses or eliminate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California.
The Legislature determined that the benefits of the regulation to the health and welfare of California residents and to the State’s environment are that in the absence of a credentialed school nurse or other licensed nurse onsite at the school, it is in the best interest of the health and safety of children to allow trained school employees to administer an emergency antiseizure medication to pupils in public schools.
Effect on housing costs: None
Effect on small businesses: The proposed regulations would not have an effect on any small business because the regulations relate only to school districts and not to small business practices.
CONSIDERATION OF ALTERNATIVES
The SBE must determine that no reasonable alternative it considered or that has otherwise been identified and brought to the attention of the SBE, would be more effective in carrying out the purpose for which the action is proposed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
The SBE invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period.
CONTACT PERSONS
Inquiries concerning the content of this regulation may be directed to:
Tom Herman, Education Administrator
Coordinated Student Support & Adult Education Division
California Department of Education
1430 N Street, Room 6408
Sacramento, CA 95814
Telephone: 916-319-0725
Inquiries concerning the regulatory process may be directed to the Regulations Coordinator or Cynthia Olsen, Analyst, at 916-319-0860.
INITIAL STATEMENT OF REASONS AND INFORMATION
The SBE has prepared an initial statement of reasons for the proposed regulation and has available all the information upon which the proposal is based.
TEXT OF PROPOSED REGULATION AND CORRESPONDING DOCUMENTS
Copies of the exact language of the proposed regulation and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Regulations Coordinator. These documents may also be viewed and downloaded from the CDE’s Web site at http://www.cde.ca.gov/re/lr/rr.
AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE
All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.
You may obtain a copy of the final statement of reasons, once it has been finalized, by making a written request to the Regulations Coordinator.
REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY
Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Unruh Civil Rights Act, any individual with a disability who requires reasonable accommodation to attend or participate in a public hearing on proposed regulations, may request assistance by contacting Tom Herman, Education Administrator, 1430 N Street, Sacramento, CA, 95814; telephone, 916-319-0725. It is recommended that assistance be requested at least two weeks prior to the hearing.
1430 N Street
Sacramento, CA 95814