Bill Summary for Bill Number SB09-226

Date: 02/26/2009

Final
BILL SUMMARY for SB09-226

SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES

Votes: View-->	Action Taken:
Adopt prepared amendment L.002 (Attachment C), as Adopt prepared amendment L.003 (Attachment D). Th Adopt prepared amendment L.004 (Attachment E). Th Amend prepared amendment L.002, line 4, after "EXE Refer Senate Bill 09-226, as amended, to the Commi	Pass Without Objection Pass Without Objection Pass Without Objection Pass Without Objection PASS

01:56 PM -- Senate Bill 09-226

Senator Sandoval introduced Senate Bill 09-226. The bill requires the State Board of Education to promulgate rules establishing a policy for the management of food allergies and anaphylaxis among students in the state. Each school district must adopt a policy for the management of food allergies and anaphylaxis. In addition, each school must make available self-injectable epinephrine (epi-pen) to provide medical treatment in the event that a student suffers anaphylaxis as a result of an allergic reaction to food. She responded to questions from Senator Lundberg regarding whether celiac disease would be covered by the bill. She distributed three amendments to the bill, L.002, L.003, and L.004 (Attachments C through E) and a fact sheet concerning the bill (Attachment F).

02:04 PM -- Dr. David Fleischer, National Jewish Health, testified that food allergies among children is a growing health issue. He stated that 84 percent of schools have reported having children with a known food allergy enrolled in the school. He stated that Colorado schools need a comprehensive policy to address food allergies among students. He stated that nine states have passed legislation requiring school districts to develop a plan to address food allergies in the school. He responded to questions from Senator Lundberg regarding whether or not the bill would cover celiac disease, responding that while celiac disease is related to a food allergy, the bill's provisions are related to allergies that can lead to anaphylaxis.

02:09 PM -- Dr. Michael Volz, Colorado Allergy and Asthma Society, testified in support of the bill. He testified regarding his experience working with school districts in developing plans for addressing school allergies. He responded to questions from Senator Carroll regarding whether there is a model that school districts can use when implementing food allergy policies.

02:14 PM -- JoAnn Trujillo Hays, representing herself, testified regarding her experiences as a school principal. She stated that it requires extensive time to manage the health needs of children with severe allergies. She stated that a standard form with standard guidelines is necessary for schools.

02:16 PM -- Lynn Jenkins-Wygreu, representing herself, testified regarding her experiences as a school nurse. She stated that the school district that she works for recently implemented a food allergy policy, which has created awareness and accountability. She responded to questions from Senator Schultheis regarding the impetus for the development of the policy.

02:19 PM -- Dr. Gary Coulter, School District 20, testified that the district has developed a policy on food allergies after months of work by various stakeholders. He stated that the district's policy could be used as a model for other school districts. He responded to questions from Senator Schultheis regarding whether legislation was necessary to implement the provisions of the bill. He responded to additional questions regarding Senator Carroll regarding why there seems to be an increase in the number of food allergies among children.

02:29 PM -- Morgan Smith, representing himself, testified regarding his experience with food allergies. He stated that his life depends on protections provided by the rest of the school community.

02:31 PM -- Nicole Smith, representing herself, stated that many students do not attend schools in districts with an established allergy policy. She stated many schools do not have experience addressing food allergies. She emphasized the need for guidelines for food allergic students, and stated that the bill will allow all food allergic children to safely attend schools.

02:36 PM -- Jim Pietrangelo, representing himself, testified regarding the importance of plans and procedures for schools to address food allergies. He spoke to importance of quick response to incidents of anaphylaxis. He stated that putting policies in place will allow for training for personnel in emergency situations. He responded to questions from Senator Carroll regarding what may happen if an epi-pen were not immediately available to treat individuals in anaphylactic shock.

02:42 PM -- Catherine Teck, representing herself, testified regarding her son's food allergies. She stated that every child deserves to feel safe, but also to be included in school activities.

02:44 PM -- Katie Martin, representing herself, testified that food allergies are a matter of life and death. She stated that there should be a unified, approach to addressing food allergies in schools.

02:47 PM -- Paulette Joswick, representing herself, testified that her school district has comprehensive guideline regarding treatment for allergies. She asked why the bill wasn't inclusive of other types of allergies. She spoke to her concern that the bill does not reference school nurses, stating that the bill's required training should be conducted by a nurse. She questioned the need for a bill to implement policies to address food allergies, stating that various state and federal laws already required that children in schools be protected. Senator Sandoval responded to comments from the witness, stating she intended to ask the committee to adopt an amendment that would involve school nurses in the training. Senator Sandoval commented that the bill was modeled on federal legislation, and spoke to the bill's interaction with the federal Americans with Disabilities Act.

02:56 PM -- Linda Oustecky, Colorado Association of School Nurses, testified that the bill does not encompass other life threatening allergies, including allergies to latex and insects. She testified that she was disturbed that school nurses were not included in the bill's provisions. She testified regarding amendments the association is seeking to the bill. Senator Boyd commented that the bill's title is not broad enough to incorporate amendments related to other allergies. She reiterated that one of the proposed amendments will incorporate language concerning school nurses.

03:01 PM -- Leah Wyckoff, school nurse, testified that school nurses are uniquely situation to implement plans related to students with allergic reactions. She reiterated the importance of school nurses in responding to situations involving student allergies.

03:03 PM -- Bruce Caughey, Colorado Association of School Executives, testified regarding the association's concerns with the bill. He stated that students' health is paramount, but that the association has concerns with the form to be developed by the Department of Public Health and Environment. He stated that the Department of Education already has developed a form that is in use, and it could be a could template for schools in the state. He testified regarding the bill's requirement that a parent provide information to the school on the form. He encouraged an amendment that would allow a group of individuals, including physicians and parents, to develop a plan for addressing food allergies.

03:06 PM

Senator Sandoval gave concluding remarks regarding the bill. She stated that the current form used by the Department of Education is not adequate to meet the needs of children with food allergies. She reiterated that the bill was modeled after federal legislation. She responded to questions from Senator Mitchell regarding whether or not she had received feedback from the Department of Education on the bill. Senator Sandoval explained the provisions of the amendments. Amendment L.002 (Attachment C) specifies the staff who must receive emergency anaphylaxis training, amendment L.003 (Attachment D) strikes the bill's requirements that schools have epi-pens, and amendment L.004 (Attachment E) specifies that emergency personnel be contacted in the event that a student suffers an allergic reaction. In addition, amendment L.004 changes requirements related to an assessment of a student's readiness to carry and potentially self-administer epinephrine or other medication. Senator Carroll moved an amendment to prepared amendment L.002 specifying that a school nurse must be consulted in determining the appropriate staff to receive training in emergency anaphylaxis treatment.


BILL:	SB09-226
TIME:	03:08:46 PM
MOVED:	Carroll M.
MOTION:	Amend prepared amendment L.002, line 4, after "EXECUTIVE", insert "IN CONSULTATION WITH THE SCHOOL NURSE". The motion passed without objection
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-226
TIME:	03:10:34 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared amendment L.002 (Attachment C), as amended. The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-226
TIME:	03:10:42 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared amendment L.003 (Attachment D). The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-226
TIME:	03:11:29 PM
MOVED:	Carroll M.
MOTION:	Adopt prepared amendment L.004 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Carroll M.
	Lundberg
	Mitchell
	Morse
	Newell
	Schultheis
	Tochtrop
	Boyd

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection

03:13 PM

Prior to the vote, Senator Sandoval and various committee members discussed potential amendments to the bill.


BILL:	SB09-226
TIME:	03:13:43 PM
MOVED:	Carroll M.
MOTION:	Refer Senate Bill 09-226, as amended, to the Committee on Appropriations. The motion passed on a 8-0 roll call vote.
SECONDED:
		VOTE
	Carroll M.	Yes
	Lundberg	Yes
	Mitchell	Yes
	Morse	Yes
	Newell	Yes
	Schultheis	Yes
	Tochtrop	Yes
	Boyd	Yes

Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS