California Education Code § 49414

Education Code
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(a) Local educational agencies shall provide emergency epinephrine delivery systems, to be stored at each schoolsite, including at the location of any childcare program operated by or under contract with the local educational agency, in an accessible location upon need for emergency use, to school nurses or trained personnel who have volunteered pursuant to subdivision (d), or to childcare employees who have volunteered, received training, and are subject to liability limitations pursuant to Section 1596.7985 of the Health and Safety Code, and school nurses, trained personnel, and childcare employees may use epinephrine delivery systems to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. (b) For purposes of this section, the following definitions apply: (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, a food allergy, a drug reaction, or exercise. (2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (3) “Childcare program” means a state or federally subsidized childcare program operated by, or under contract with, the local educational agency, including, but not limited to, a California state preschool program or Head Start program pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, or a childcare program, including, but not limited to, general childcare and development programs pursuant to Part 1.8 (commencing with Section 10207) of Division 9 of the Welfare and Institutions Code. (4) “Epinephrine delivery system” means a disposable delivery system designed for the delivery of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction. (5) “Local educational agency” means a school operated by a school district, county office of education, or charter school. (6) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (7) “Volunteer” or “trained personnel” means an employee or a holder of an Activity Supervisor Clearance Certificate pursuant to subdivision (f) of Section 44258.7, who has volunteered to administer epinephrine delivery systems to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d), or employees of a childcare program operated by or under contract with a local educational agency, who have volunteered, received training, and are subject to liability limitations pursuant to Section 1596.7985 of the Health and Safety Code. (c) Each private school in the state may voluntarily determine whether or not to make emergency epinephrine delivery systems 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 delivery systems and trained personnel. A private school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. (d) Each public and private school in the state may designate one or more volunteers 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 delivery system from the school nurse or

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