medications. Section 604 provides: “(a) A school nurse may administer medication to a pupil or otherwise assist a pupil in the administration of medication as allowed by law and in keeping with applicable standards of professional practice. [¶] (b) Other designated school personnel may administer medication to pupils or otherwise assist pupils in the administration of medication as allowed by law and, if they are licensed health care professionals, in keeping with applicable standards of professional practice for their license.” (Tit. 5, § 604, subd. (b), italics added.) Section 601 defines the “ ‘[o]ther designated school personnel’ ” who are thus authorized to act as “includ[ing] any individual employed by the local education agency who : [¶] (1) Has consented to administer the medication to the pupil or otherwise assist the pupil in the administration of the medication; and [¶] (2) May legally administer the medication to the pupil or otherwise assist the pupil in the administration of the medication.” ( Id ., § 601, subd. (e), italics added.) Other sections of title 5 provide for such related matters as medication logs and records, the contents of the physicians‟ and parents‟ required written statements, and the delivery, storage and disposal of medications. ( Id ., §§ 601-609.) Thus, section 49423 and its implementing regulations plainly establish, as the Legislature, the Board and the Department intended, that unlicensed school personnel may administer prescription medications. The Nurses do not contend the Board’s regulations are invalid, but they do offer a variety of arguments for interpreting them other than according to their plain meaning. None is persuasive. 1. “[A]s allowed by law.” In permitting school personnel other than licensed health care providers to administer medication, sections 601 and 604 of title 5 qualify that permission with language deferring to other laws governing the subject. Specifically, section 604 provides that “[o]ther designated
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
Page 33
Made with FlippingBook - professional solution for displaying marketing and sales documents online