AB 1283 – Authorizes Private Schools To Stock And Administer To Pupils Emergency Stock Albuterol Inhalers

Effective January 1, 2024, Assembly Bill 1283 (AB 1283) permits private elementary and secondary schools to voluntarily determine whether or not to make emergency stock albuterol inhalers and trained personnel available at their schools.  When making this determination, AB 1283 directs private elementary and secondary schools to evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to stocking albuterol inhalers and having trained personnel.  AB 1283 encourages and recommends that private elementary and secondary schools have a minimum of two trained personnel.

A “stock albuterol inhaler” means albuterol medication in the form of a metered-dose inhaler (MDI) that is ordered by a health care provider, is not prescribed for a specific person, and includes, if necessary, a single-use disposable holding chamber.  “Trained personnel” means an employee who has volunteered to administer stock albuterol inhalers to a person if the person is suffering, or reasonably believed to be suffering, from respiratory distress, who the school has designated to provide those services, and who has received training that meets the minimum standards established by the State Superintendent of Public Instruction.  Those minimum standards will be posted on the website for the California Department of Education, and will include all of the following:

1. Techniques for recognizing symptoms of respiratory distress;
2. Standards and procedures for the storage, restocking, and emergency use of stock albuterol inhalers;
3. Emergency follow-up procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent or guardian and physician;
4. Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation; and
5. Written materials covering certain required information, which the school must retain for reference.

Each private elementary and secondary school may select one or more employees who have volunteered to administer stock albuterol inhalers to receive the initial and annual refresher training from the school nurse (if any) or other qualified person designated by an authorizing physician and surgeon (e.g., a medical director of the local health department or a local emergency medical services director).  Employees must receive training during their regular working hours and at no cost to them.

AB 1283 authorizes a school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, trained personnel to administer a stock albuterol inhaler to a person exhibiting potentially life-threatening symptoms of respiratory distress at school or a school activity when a physician is not immediately available.  Trained personnel must initiate emergency medical services or other appropriate medical follow-up care consistent with the training materials referenced above.

If a stock albuterol inhaler is used, it must be replaced as soon as reasonably possible, but no later than two weeks after it is used.  Stock albuterol inhalers must be replaced before their expiration date.

(AB 1283 adds Section 49414.7 to the Education Code.)