prescription medication. To the contrary, the Legislative Counsel’s Digest of the vetoed 2002 bill noted that “[e]xisting law provides that any pupil who is required to take . . . medication . . . may be assisted by the school nurse or other designated school personnel ,” and explained that the bill “would specifically make those provisions applicable to a pupil with diabetes” under guidelines to be developed later. (Legis. Counsel’s Dig., Assem. Bill. No. 481 (2001-2002 Reg. Sess.), italics added.) The bill was, thus, analogous to other statutes in which the Legislature has imposed, for particular medications (e.g., epinephrine, glucagon and antiseizure medication), additional restrictions on schools‟ use of the general authority concerning medications granted in section 49423. The Legislature’s unsuccessful attempt to impose comparable restrictions on insulin did not abrogate the existing general authority. Three additional failed bills did not come to a vote. Senate Bill No. 1487 (2007-2008 Reg. Sess.) would have amended section 49414.5, which permits unlicensed school personnel with special training to administer glucagon in emergencies, to administer insulin under similar conditions. (Assem. Bill No. 1487, supra, § 1.) Another bill, Assembly Bill No. 1802 (2009-2010 Reg. Sess.), while expressly authorizing unlicensed personnel to administer insulin, would have permitted parents, rather than school administrators, to designate the school employees who would be allowed to administer insulin. ( Ibid ., § 2.) Finally, Assembly Bill No. 1430 (2009-2010 Reg. Sess.) would have provided that no one other than licensed health care providers would be allowed to administer any medications in schools, except in emergencies. ( Id ., § 2.) Because none of these bills came to a vote, and because the Legislature’s cursory deliberations on them postdated section 49423’s enactment by decades, none provides a sound basis for inferring the 1968 and 1976 Legislatures’ intents on the question whether section 49423 permits unlicensed personnel to administer insulin.
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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