reasonably and appropriately interpreted as reflecting the Board’s deference to laws articulating policy choices that lie beyond the scope of its delegated authority over the state’s public schools. This does not mean, however, that only licensed health care professionals may administer prescription medications in public schools. It means, rather, only that the Board’s regulations do not authorize unlicensed school personnel to administer such medications in violation of other applicable laws or regulations . To illustrate, only licensed health care providers may administer controlled substances. (See Health & Saf. Code, § 11154, subd. (a).) Also, the Legislature has mandated specific training before unlicensed school personnel may administer three specially regulated emergency medications to students. (See §§ 49414 [epinephrine auto-injectors for anaphylaxis], 49414.5 [glucagon for severe hypoglycemia] and 49414.7 [antiseizure medication for epilepsy].) A school employee without the licensure or training required by statute for such medications would not be “allowed by law” (tit. 5, § 604, subd. (a)) to administer them and, thus, not permitted to do so solely by force of the Board’s regulations. Compliance with those other laws would also be necessary. In contrast, no such law prohibits unlicensed persons from administering prescription medications generally, or insulin in particular, in carrying out the medical orders of licensed physicians. The Nurses attempt to find such a rule in the Nursing Practice Act (Bus. & Prof. Code, § 2700 et seq.) (NPA), which defines the practice of nursing to include a list of patient care functions including “the administration of medications” ( id ., § 2725, subd. (b)(2)), and prohibits the unauthorized practice of nursing ( id ., § 2732). In opposition, the Association contends the listed functions fall within the definition of nursing practice only under circumstances where they “require a substantial amount of scientific knowledge or technical skill.” ( id ., § 2725, subd. (b) [“The practice of nursing within the meaning of this chapter means
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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