FINAL BILL REPORT

SSB 6534

                                   C 48 L 88

BYSenate Committee on Education (originally sponsored by Senator Talmadge)

Authorizing school employees to perform catheterization.

Senate Committee on Education

House Committe on Education

SYNOPSIS AS ENACTED

BACKGROUND:

The Education for All Handicapped Children Act of 1975 assures that all handicapped children have available to them a free, appropriate public education which emphasizes special education and related services designed to meet their unique needs. 

The U.S. Supreme Court, in Irving Independent School District v. Tatro, 104 S.Ct. 3371 (1984), held that a school district is obligated to provide any supportive service to a handicapped child if that service is necessary to make access to public education meaningful.  The specific issue involved in the case was a medical practice known as "clean intermittent catheterization" for a severely handicapped student.

A catheter is a surgical instrument for emptying the bladder.  Some handicapped children need assistance with catheterization procedures.  Without such assistance, these students would not have access to education programs.

SUMMARY:

School districts and private schools may provide for clean, intermittent bladder catheterization of students or assisted self-catheterization in accordance with rules adopted by the State Board of Nursing.

Rules adopted, following consultation with staff of the Superintendent of Public Instruction and the State Board of Practical Nursing, must include provisions for a written request from the student's parent or guardian; a written request from a physician that catheterization be provided during school hours; written instructions from a registered nurse which designate the employee who may provide catheterization and the nature and extent of supervision required; and the nature and extent of training to be provided by a physician or nurse required of employees providing catheterization.  Licensed practical nurses employed by the school are exempt from the training requirement. 

A school district or private school providing for catheterization of students must act in substantial compliance with State Board of Nursing rules and the instructions issued by a registered nurse under those rules.  A written policy developed in accordance with collective bargaining laws must be adopted by the district or school to implement catheterization procedures. 

School districts are not required to provide intermittent bladder catheterization of students except as may be necessary under federal and state law regarding handicapped education.

School districts and private schools, and their employees, directors, or chief administrators are not liable in any criminal action or for civil damages if catheterization is performed in substantial compliance with board rules and district or private school policies.

A school or district would not be liable if a decision were made to discontinue providing catheterization, if the school provides actual notice in advance of the date of discontinuance.  A public school district must provide for catheterization to the extent required by federal or state law.

Existing exemptions from regulation by the Board of Medical Examiners are amended to replace an obsolete term and to authorize catheterization by school employees.

VOTES ON FINAL PASSAGE:

      Senate    49     0

      House 95   0

EFFECTIVE:June 9, 1988