49414.7, added by Stats. 2011, ch. 560, § 2). Each of these statutes, while expressing the Legislature’s preference that registered nurses administer the subject medications whenever possible, expressly permits trained, unlicensed school personnel to do so when no nurse is available. (See §§ 49414, subd. (f)(1), 49414.5, subd. (a), 49414.7, subds. (a), (b).) The Nurses contend these statutes would not have been necessary if the NPA‟s medical - orders exception already, by its own force, permitted unlicensed school personnel to administer medications. “[T]he Legislature,” the Nurses observe, “does not engage in idle acts.” (Citing California Teachers Assn. v. Governing Bd. of Rialto Unified School Dist. (1997) 14 Cal.4th 627, 634 .) The maxim is valid, but its application is flawed. Having generally authorized unlicensed school personnel to administer medications (§ 49423) and directed the Board to adopt implementing regulations (§ 49423.6), the Legislature nevertheless retained the power to impose additional restrictions on drugs deemed to justify special precautions. Nothing in section 49423 or 49423.6 conditioned the effectiveness of those statutes on further legislation, and nothing in the later-enacted, drug-specific statutes repeals the general authority granted in the earlier, more general provisions. So understood, none of the relevant statutes represents an idle act. In contrast, to accept the Nurses’ argument would entail the implausible conclusion that the Legislature had intended section 49423 and its 1968 statutory predecessor (former § 11753.1; see ante, at p. 8) to lie dormant and ineffective until the Legislature enacted the first drug-specific statute 33 years later. (§ 49414 [concerning epinephrine auto-injectors].) History is to the contrary. As we have seen, the 1968 Legislature intended the original statute to be self-executing, and the 2000 Legislature, to force compliance, directed the Board to adopt implementing regulations in short order. (See § 49423.6 [“[o]n or before June 15, 2001”]; see also ante, at p. 9.) 4. Failed Legislation.
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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