Despite the foregoing evidence to the contrary, amici curiae supporting the Nurses urge us to infer from a variety of failed bills that the Legislature believes further, specific legislation is necessary before unlicensed school personnel may administer insulin. Because section 49423 and its implementing regulations plainly do authorize such personnel to administer prescription medications and were in fact adopted for that purpose, “to undertake the problematic exercise of inferring legislative intent from subsequent, failed legislation seems especially inappropriate . . .” ( Martin v. Szeto (2004) 32 Cal.4th 445, 451-452 .) In any event, we find nothing in the failed bills‟ history that supports amici curiae ’s argument. Assembly Bill No. 481 (2001-2002 Reg. Sess.) would have required school administrators and other designated, unlicensed personnel to be trained to administer insulin and required them to administer it, in the absence of a school nurse, in accordance with guidelines on diabetes care to be developed by a group of seven state and private organizations. The Governor vetoed the bill, explaining his reasons as follows: “Existing law already provides that any pupil who is required to take prescription medication during the regular school day may be assisted by school personnel if a written statement is obtained from a physician and a written request is made by the pupil’s parent/guardian. [¶] This bill, while well-intentioned, would create a costly new state reimbursable mandate estimated by the Department of Finance to be potentially tens of millions of dollars. Neither this bill, nor the 2002 Budget Act contains an appropriation for this purpose.” (Governor’s veto message to Assem. on Assem. Bill No. 481 (Sept. 26, 2002) 6 Assem. J. (2001-2002 Reg. Sess.) pp. 8872-8873 [in relevant part].) This history does not show the Legislature in 2002 — let alone in 1968 and 1976 when it enacted and reenacted the operative language of section 49423 — believed that further, more specific legislation was required to permit unlicensed school personnel to administer any
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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