extra sums for a school visit by the physician.” (Assem. Ed. Com., Analysis of Assem. Bill No. 1066 (1968 Reg. Sess.) p. 1.) Section 49423, like its statutory predecessor, did not require implementing regulations and was thus self-executing. In the ensuing decades, however, some schools refused to administer prescribed medication to students. Noting this, the Superintendent in a 1997 letter to school superintendents reminded local school administrators that federal law permitted students to receive medication during the schoolday, and that medication could properly be administered by unlicensed “personnel who have been appropriately trained by a credentialed school nurse, public health nurse, or physician.” (Superintendent Eastin, letter to superintendents of schools (Sept. 5, 1997) p. 2.) Three years later, the same problem came to the attention of the Legislature. A Senate floor analysis, recognizing that “federal case law requires districts to accept responsibility to administer necessary medications,” reported complaints that “some districts „have required parents to sign illegitimate blanket waivers that sign away their children’s right to medical treatment at school as a condition of enrollment or attendance. In these instances, parents have been forced to take time off work to go to school and deliver the medications.‟ ” (Sen. Rules Com., Analysis of Sen. Bill No. 1549 (1999 -2000 Reg. Sess.) Aug. 14, 2000, p. 3.) To provide additional clarity, the Legislature directed the Department to develop and recommend, and the Board to adopt, regulations “regarding the administration of medication in the public schools pursuant to section 49423.” (§ 49423.6, subd. (a), added by Stats. 2000, ch. 281, § 2, p. 2477.) Obeying the Legislature’s command, the Board in 2003 adopted sections 600 to 611 of title 5 of the California Code of Regulations. (All further references to title 5 are to that code.) These regulations expressly declare that unlicensed school personnel may administer
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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