Pupil health: epinephrine auto-injectors: liability limitation.
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SB 738 — Pupil health: epinephrine auto-injectors: liability limitation.
Last action — Chaptered by Secretary of State. Chapter 132, Statutes of 2015.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law requires a qualified supervisor of health or administrator at a school district, county office of education, or charter school to obtain the prescription for epinephrine auto-injectors from an authorizing physician and surgeon, as defined, and authorizes the prescription to be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. This bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for the issuance of a prescription or order, pursuant to these provisions, unless the physician and surgeon's issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. The bill would also update an entity reference.
Bill Text
- Chaptered 07/16/15 - Chaptered Current pdf July 16, 2015
- Enrolled 07/07/15 - Enrolled pdf July 07, 2015
- Amended 05/13/15 - Amended Senate pdf May 13, 2015
- Amended 04/15/15 - Amended Senate pdf April 15, 2015
- Introduced 02/27/15 - Introduced pdf February 27, 2015
- SB738 View text html
Action History
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Chaptered by Secretary of State. Chapter 132, Statutes of 2015.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4:30 p.m.
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In Senate. Ordered to engrossing and enrolling.
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Read third time. Passed. (Ayes 78. Noes 0. Page 2258.) Ordered to the Senate.
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Read second time. Ordered to consent calendar.
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From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 30).
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From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (June 23). Re-referred to Com. on JUD.
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Referred to Coms. on B. & P. and JUD.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 36. Noes 0. Page 1025.) Ordered to the Assembly.
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 7. Noes 0. Page 921.) (May 5).
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Set for hearing May 5.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Re-referred to Com. on JUD.
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Withdrawn from committee.
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Referred to Coms. on HEALTH and JUD.
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Read first time.
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From printer. May be acted upon on or after April 1.
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Introduced. To Com. on RLS. for assignment. To print.
Sponsors
- Anderson · Cosponsor
- Huff · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 120 not signed on
Sponsors (1)
- Huff
Co-sponsors (1)
- Anderson
Not signed on (120)
120 members have not signed on to this bill.
Show all 120 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 68 | 0 | 0 | 2 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 78 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Baker | — | Yea |
| Brough | — | Yea |
| Brown | — | Yea |
| Holden | — | Yea |
| Jones-Sawyer | — | Yea |
| Maienschein | — | Yea |
| Mathis | — | Yea |
| Melendez | — | Yea |
| O'Donnell | — | Yea |
| Rodriguez | — | Yea |
| Thurmond | — | Yea |
| Wagner | — | Yea |
| Weber | — | Yea |
| Eggman | — | Yea |
| Frazier | — | Yea |
| Gatto | — | Yea |
| Gomez | — | Yea |
| Salas | — | Yea |
| Harper | — | Yea |
| Burke | — | Yea |
| Kim | — | Yea |
| Levine | — | Yea |
| Linder | — | Yea |
| Low | — | Yea |
| Chang | — | Yea |
| Mayes | — | Yea |
| McCarty | — | Yea |
| Bigelow | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Chávez | — | Yea |
| Cooley | — | Yea |
| Cooper | — | Yea |
| Dababneh | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Yea |
| Olsen | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Steinorth | — | Yea |
| Waldron | — | Yea |
| Wilk | — | Yea |
| Williams | — | Yea |
| Gray | — | Yea |
| Atkins | — | Yea |
| Bonilla | — | Yea |
| Gordon | — | Not Voting |
| Lopez | — | Yea |
| Hadley | — | Yea |
| Campos | — | Yea |
| Medina | — | Yea |
| Mullin | — | Yea |
| Alejo | — | Yea |
| Bloom | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Ting | — | Yea |
| Wood | — | Yea |
| Gonzalez | — | Yea |
| Beth Gaines | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Not Voting |
| Travis Allen | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Alejo | — | Yea |
| Maienschein | — | Yea |
| Wagner | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Holden | — | Yea |
| O'Donnell | — | Yea |
| Cristina Garcia | — | Yea |
| Mark Stone | — | Yea |
| Gallagher, James | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Baker | — | Yea |
| Bloom | — | Yea |
| Eggman | — | Yea |
| Gatto | — | Yea |
| Bonilla | — | Yea |
| Campos | — | Yea |
| Holden | — | Yea |
| Chang | — | Yea |
| Dodd | — | Yea |
| Mullin | — | Yea |
| Ting | — | Yea |
| Wilk | — | Yea |
| Wood | — | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 0 | 0 | 3 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 3 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Bates | — | Yea |
| Beall | — | Yea |
| Block | — | Yea |
| Hernandez | — | Yea |
| Hueso | — | Yea |
| Lara | — | Yea |
| Leyva | — | Yea |
| Pan | — | Yea |
| Wolk | — | Yea |
| Cannella | — | Yea |
| Fuller | — | Yea |
| Allen | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Runner | — | Yea |
| Hill | — | Yea |
| Leno | — | Yea |
| Hall | — | Not Voting |
| Hancock | — | Yea |
| Hertzberg | — | Yea |
| Huff | — | Yea |
| Liu | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Morrell | — | Yea |
| Nielsen | — | Yea |
| Pavley | — | Not Voting |
| Roth | — | Yea |
| Vidak | — | Yea |
| Wieckowski | — | Yea |
| Galgiani | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Not Voting |
| Mark Stone | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Anderson | — | Yea |
| Hertzberg | — | Yea |
| Leno | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Yea |
| Wieckowski | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
Subjects
Frequently asked questions
- What does SB 738 do?
- Existing law requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors to school nurses and trained personnel who have volunteered, as specified, and authorizes school nurses and trained personnel to use epinephrine auto-injectors to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. Existing law requires a qualified supervisor of health or administrator at a school district, county office of education, or charter school to obtain the prescription for epinephrine auto-injectors from an authorizing physician and surgeon, as defined, and authorizes the prescription to be filled by local or mail order pharmacies or epinephrine auto-injector manufacturers. This bill would prohibit an authorizing physician and surgeon from being subject to professional review, being liable in a civil action, or being subject to criminal prosecution for the issuance of a prescription or order, pursuant to these provisions, unless the physician and surgeon's issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. The bill would also update an entity reference.
- Who sponsors SB 738?
- SB 738 is sponsored by Anderson and Huff.
- What is the current status of SB 738?
- This bill has been enacted into law. Introduced February 27, 2015. Enacted.
- Where can I track SB 738?
- Track SB 738 free on One Click Politics — get push/email alerts when it moves.
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