California 2015-2016 Regular Session Status: Enacted

SB 738 — Pupil health: epinephrine auto-injectors: liability limitation.

Last action — Chaptered by Secretary of State. Chapter 132, Statutes of 2015.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2015. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • 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

Action History

  1. Chaptered by Secretary of State. Chapter 132, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 78. Noes 0. Page 2258.) Ordered to the Senate.

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 30).

  8. 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.

  9. Referred to Coms. on B. & P. and JUD.

  10. In Assembly. Read first time. Held at Desk.

  11. Read third time. Passed. (Ayes 36. Noes 0. Page 1025.) Ordered to the Assembly.

  12. Read second time and amended. Ordered to third reading.

  13. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 921.) (May 5).

  14. Set for hearing May 5.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  16. Re-referred to Com. on JUD.

  17. Withdrawn from committee.

  18. Referred to Coms. on HEALTH and JUD.

  19. Read first time.

  20. From printer. May be acted upon on or after April 1.

  21. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 4000
Republican 6000
Total 78002
% 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

Official roll call →

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Republican 1000
Total 14000
% 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

Official roll call →

3rd Reading

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Total 36003
% 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

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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?
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