HomeMy WebLinkAbout2002-120
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RESOLUTION NO. 20CL-120
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO SUPPORTING ASSEMBLY BILL 1905 - PUPIL DIABETES
SCREENING.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the occurrence of type 2 diabetes is rising rapidly in children and is
expected to continue; and
WHEREAS, developing diabetes can be prevented or at least delayed by changes in
diet and exercise; and
WHEREAS, most parents do not know if their children are at risk; and
WHEREAS, a demonstration project conducted among San Bernardino middle school
students through a collaborative effort between the City of San Bernardino and St. Bernardine's
Foundation proves that a simple non-invasive screening can provide accurate information to
identify children at risk for developing diabetes; and
WHEREAS, existing law requires the governing board of school districts to provide a
scoliosis screening of every pupil in the 7th and 8th grades. This bill would additionally require
the governing board, in conjunction with scoliosis screening, to screen pupils for the risk of
developing type 2 diabetes mellitus; and
WHEREAS, the passage of AB 1905 will offer healthier lives to a significant portion
of youth; and
WHEREAS, the health care savings in the long run far outpace the nominal cost of
diabetes screening proposed in AB 1905 for 7th and 8th grade students;
NOW, THEREFORE, be it resolved that the Mayor and Common Council of the City
of San Bernardino support the passage of Assembly Bill 1905,
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20C2-120
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO SUPPORTING ASSEMBLY BILL 1905 - PUPIL DIABETES
SCREENING.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a jt. reg meeting thereof, held on the
15th day of
April
, 2002, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
LIEN x
MCGINNIS X
DERRY x
SUAREZ x
ANDERSON X
MCCAMMACK ---1L-
.~ h CLAL
2002,
The foregoing resolution is hereby approved this ( b1l-1
day of April
Approved as to
Form and legal content:
JAMES F, PENMAN,
City ttorney
By:
J It Valles, Mayor
it of San Bernardino
AB 1905 Assembly Bill - AMENDED
200:<-120
BILL NUMBER: AB 1905
BILL TEXT
AMENDED
AMENDED IN ASSEMBLY MARCH 11, 2002
INTRODUCED BY
Assembly Member Longville
FEBRUARY 7, 2002
An act to add Section 49452,6 to the Education Code, relating to
pupil health,
LEGISLATIVE COUNSEL'S DIGEST
AB 1905, as amended, Longville, Type 2 diabetes mellitus: pupil
screening.
Existing law requires the governing board of a school district to
provide a scoliosis screening of every female pupil in grade 7 and
every male pupil in grade 8, in accordance with specified guidelines.
This bill would additionally require the governing board of a
school district, in conjunction with the scoliosis screening, to
screen pupils for the risk of developing type 2 diabetes
mellitus. The bill would specify individuals who may perform and
supervise the screenings, and would prescribe procedures for the
screening process. The bill would provide for parent or
guardian notification of any pupil suspected of ~~Y7iRg
being at risk of developing type 2 diabetes
mellitus.
By imposing new duties on school districts, the bill would impose
a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1, The Legislature finds and declares all of the
following:
(a) Middle school pupils with obesity, acanthosis nigricans,
ethnicity, and a family history of type 2 diabetes mellitus (DM2)
have metabolic abnormalities consistent with the insulin resistance
syndrome and are therefore at risk of developing DM2.
(b) Inexpensive, noninvasive clinical screening of pupils at
school can provide early detection and identification of pupils at
risk for DM2.
Page 1 on
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AB 1905 Assembly BiIl- AMENDED
20C2-120
Page 2 of3
SEC. 2. Section 49452.6 is added to the Education Code, to read:
49452.6. (a) The governing board of a school district shall, in
conjunction with the scoliosis screening performed pursuant to
Section 49452.5, and subject to Section 49451 and in addition to the
physical examinations required pursuant to Sections 100275, 124035,
and 124090 of the Health and Safety Code, provide for the screening
of every female pupil in grade 7 and every male pupil in grade 8 for
the q'2R9iti9~ lm,:,"~ :aJ>: risk of developing
type 2 diabetes mellitus. The screening shall be in accord
with standards and procedures established by the State
Department of Education. The screening shall be supervised only by
qualified supervisors of health as specified in Sections 44871 to
44878, inclusive, and Section 49422, or by school nurses employed by
the district or the county superintendent of schools, or pursuant to
contract with an agency authorized to perform these services by the
county superintendent of schools of the county in which the district
is located pursuant to Sections 1750 to 1754, inclusive, and Section
49402, Section 101425 of the Health and Safety Code, and guidelines
established by the State Board of Education. The screening shall be
performed only by individuals who supervise, or who are eligible to
supervise, the screening, or by certificated employees of the
district or of the county superintendent of schools who have received
in-service training, pursuant to rules and regulations adopted by
the State Board of Education, to qualify them to perform these
screenings.
(b) The screening process shall i~ql"L1'>.' 211 '>.'+
be noninvasive and may include, but shall not be limited to,
the following:
(1) Measuring the height and weight of the pupil to calculate the
pupil's body mass index.
(2) Examining the pupil's neck for acanthosis nigricans, a dark
pigmentation that may indicate a high insulin level.
(3) Documenting the pupil's ethnicity, based on existing school
records.
(4) Considering whether the pupil's existing health records
indicate a family history of type 2 diabetes mellitus.
(c) In-service training may be conducted by physicians and
registered nurses who have received specialized training in
screening for the risk of developing type 2 diabetes mellitus
ggtgQ-+;:i9Fl.
(d) No person screening pupils for the risk of type 2
diabetes mellitus pursuant to this section shall solicit, encourage,
or advise treatment or consultation by that person, or any entity in
which that person has a financial interest, for the risk of
type 2 diabetes mellitus or any other condition discovered in
the course of the screening.
(e) The governing board of any school district shall provide for
the notification of the parent or guardian of any pupil suspected of
"h~niR?J being at risk of developing type
2 diabetes mellitus. The notification shall include an
9J[f'12lR2lti2R 2f t~'l?2 .2 gi2d>:'2t'>.'s: FI1'>.'llit"~, tl;;;tg s:i1Rifi-;?7j;1-;?'>.' ~-F +:-r921tiRg
it 2l-J;: 2lR g2lrl~' 211'>.', 2l:r;]g +:-l;;;t'>.' f."k'liq '?2rniqg~ 21U-;Ji12lp-l'9, 7::+:-<;:''':'
gi21g~2~i~, f2r trQ21tmQ~t explanation of the meaning of
being at risk of developing type 2 diabetes mellitus, the
significance of exercise and weight control in preventing the
development of it, and the public services available for helping with
prevention Referral of the pupil and the pupil's parent or
guardian to appropriate community resources shall be made pursuant to
Sections 49426 and 49456.
(f) No action of any kind in any court of competent jurisdiction
http://www.leginfo.ca.gov/pub/bill/asmlab_1901-1950/ab_1905 _ bill_ 20020311_ amended,. 04/12/2002
AB 1905 Assembly Bill - AMENDED
2002-120
Page 3 df3
shall lie against any individual authorized by this section to
supervise or give a screening, by virtue of this section.
(g) It is the intent of the Legislature that no participating
healing arts licentiate use the screening program for the generation
of referrals or for his or her financial benefit. The Legislature
does not intend to deny or limit the freedom of choice in the
selection of an appropriate health care provider for treatment or
consultation.
SEe, 3, Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
http://www.leginfo.ca.gov/pub/bill/asmlab 1901-1950/ab _1905 _bill_ 2002031 I_amended., 04/12/2002
AB 1905 Assembly Bill- Bill Analysis
2002-120
Page 1 c1f 4
AB 1905
Page 1
Date of Hearing:
March 20, 2002
ASSEMBLY COMMITTEE ON EDUCATION
Virginia Strom-Martin, Chair
AB 1905 (Longville) - As Amended: March 11, 2002
SUBJECT
Diabetes screening.
SUMMARY Requires
screen pupils for risk
(DM2). Specifically,
the governing board of a school district to
of developing Type 2 Diabetes Mellitus
this bill
l)Requires the governing board of a school district to screen
every female pupil in grade 7 and every male pupil in grade 8
for the risk of developing DM2 (screening);
2)Requires that the screening be in accord with standards and
procedures established by the State Department of Education
(SDE) and that the screening be supervised only by qualified
supervisors of health as specified, or by school nurses as
defined, or, pursuant to contract with an agency authorized to
perform these services by the county superintendent of schools
of the county in which the district is located who have
received specified in-service training pursuant to specified
guidelines as well as guidelines established by the State
Board of Education (SBE) ;
3)Requires that the screenings be performed only by specified
supervisors or by certificated employees of the district or of
the county superintendent of schools, pursuant to rules and
regulations adopted by the State Board of Education to qualify
them to perform these screenings;
4)Requires that the specified in-service training be conducted
by physicians and registered nurses who have received
specialized training in screening for the risk of developing
DM2;
5)Requires that the screenings be non-invasive and may include,
but not be limited, to the following:
a) Measuring the height and weight of the pupil to
calculate the pupil's body mass index;
b) Examining the pupil's neck for acanthosis nigricans, a
II
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AB 1905 Assembly Bill - Bill Analysis
2002-120
Page 2 of 4
AB 1905
Page 2
dark pigmentation that may indicate a high insulin level;
c) Documenting the pupil's ethnicity, based on existing
school records; and
d) Considering whether the pupil's existing health records
indicate a family history of DM2.
6)Prohibits screeners, or any entity in which the screener has a
financial interest, from soliciting, encouraging, advising
treatment or consultation for risk of DM2 or any other
condition discovered in the course of the screening;
7)Requires the governing board of any school district to provide
for the notification of the parent or guardian of any pupil
suspected of being at risk of developing DM2. The
notification shall include an explanation of the meaning of
being at risk of developing DM2, the significance of exercise
and weight control in preventing the development of it, and
the public services available for helping with prevention;
8)Prohibits action of any kind in any court of competent
jurisdiction that lies against any individual authorized to
supervise or to give a screening as defined; and
9)Expresses the intent of the Legislature that no participating
healing arts licentiate use the screening program for the
generation of referrals or for his or her financial benefit.
The Legislature does not intend to deny or limit the freedom
of choice in the selection of an appropriate health care
provider for treatment or consultation.
EXISTING LAW
l)Requires the governing board of a school district to provide a
scoliosis screening of every female pupil in grade 7 and every
male pupil in grade 8, in accordance with specified
guidelines.
2)Allows a parent or guardian of any child enrolled in the
public schools to file annually with the principal of his
child's school a statement in writing stating that he will not
consent to a physical examination of his child.
FI SCAL EFFECT
The author contends costs, "Should be minor, as
I
AB 1905
Page 3
we are doing this in conjunction with existing scoliosis
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AB 1905 Assembly Bill - Bill Analysis
2002-120
Page 3 Of 4
screening."
COMMENTS
Double referral
Committee.
This bill will be heard by the Assembly Health
Technical amendments The bill calls for SBE to establish
guidelines for screening in-service training and then later
refers to SEE adoption of these rules and regulations. It is
typical for SDE to establish such rules and regulations and for
SBE to adopt the rules and regulations. The bill should be
amended to reflect those roles.
Related curr~nt legislation SB 391 (McPherson), in the
Assembly Appropriations Committee, requires every county office
of education to employ a credentialed school nurse, creates the
Tobacco Settlement Fund, and appropriates $4 million from this
fund to pay for the school nurses as specified.
__~f_92:1ments in support According to the author, "There is
currently an epidemic of DMZ occurring in American children and
teenagers. Although considered uncommon a few decades ago, DMZ
now represents one of the most rapidly growing forms of diabetes
in the United States. A decrease in physical activity and an
increased intake of high fat foods have led to an all-time high
percentage of overweight children. As we all know, having a
high body mass index (calculated through your height and weight)
can put someone at an elevated risk of developing this form of
diabetes."
"Inexpensive, non-invasive clinical screening of students can
provide early detection and identification of students at risk
for DMZ? It is imperative that the children and teenagers at
risk for DMZ are identified and appropriate interventions are
done to prevent the further development of this disease.
Families must be educated in order to provide lifestyle changes
in diet and exercise for these at-risk children."
REGISTERED SUPPORT / OPPOSITION
Support
American Federation of State and County Municipal Employees
[J
AB 1905
Page 4
Diabetes Coalition of California
Qpposition
None on file.
http://www.leginfo.ca.gov/pub/bill/asm/ab_1901-1950/ab_1905 _ cfa _20020320_085218_8.. 04/12/2002
AB 1905 Assembly Bill- Bill Analysis
2002-120
Page 4 of 4
_______8._Il~J_Y_?J~__Prepared by
Mavonne Garrity / ED, / (916) 319-2087
http://www.leginfo.ca.gov/pub/bill/asm/ab_1901-1950/ab_1905 _ cfa _ 20020320_085218_ a" 04/12/2002