Asthma Legislation from Garcia Heads to Senate

(SACRAMENTO, CA) —  AB 743 – Student Asthma Medication Access Act, supported by Comite Civico del Valle, is among five of Assemblymember Eduardo Garcia’s, D-Coachella, measures  has  advanced to the Senate.

Comite Civico Del Valle, Inc (CCV) was founded in 1987 in Imperial County, California with the endeavor of improving the lives of disadvantaged communities through a broad range of approaches including civic education, outreach, research, citizen science and crowdsourcing. Its mission is to improve access to health services, research, community service programs, and environmental justice to disadvantaged communities by way of education, capacity building, and civic participation.

“AB 743 will remove a significant barrier blocking students from accessing their asthma medication while in school,” Assemblymember Eduardo Garcia said in a prepared statement.

Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician or surgeon if the school district receives specified written statements from the physician or surgeon and from the parent, foster parent, or guardian of the pupil. Existing law authorizes a pupil to carry and self-administer prescription inhaled asthma medication, if the school district receives (1) a written statement from a physician or 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. medication and (2) specified written statements from the parent, foster parent, or guardian of the pupil, including releasing the school district and school personnel from civil liability if the self-administering pupil suffers an adverse reaction by taking the asthma medication.

“One in five children living in Imperial County have asthma, and the region holds more than double the state’s rate of asthma-related emergency room visits,” Garcia said in a prepared statement. Due to the existing health disparities such as physician shortages, and the high cost of care, many of our families, must travel across the border for healthcare services. This measure will help address an urgent student health issue while we continue working with organizations such as Comite Civico del Valle to mitigate air pollution and achieve our clean air goals.”

AB 743 would require a school district to accept a written statement provided by a physician or surgeon relating to a pupil carrying and self-administering inhaled asthma medication, from a physician or surgeon who is contracted with a prepaid health plan operating lawfully under the laws of Mexico that is licensed as a health care service plan in this state.

The bill would require that written statement to be provided in both English and Spanish and to include the name and contact information for the physician or surgeon.

The bill would provide that a school nurse or other school personnel shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions relating to a pupil self-administering inhaled asthma medication in accordance with a written statement from such a physician or surgeon. The bill would also provide that a school district shall not be subject to civil liability if a pupil self-administering inhaled asthma medication in accordance with a written statement from such a physician or surgeon suffers an adverse reaction.