(tit. 5, §§ 600-611), in combination with the NPA’s medical-orders exception (Bus. & Prof. Code, § 2727, subd. (e)), do indeed permit unlicensed school personnel to administer insulin. With that clarification, we turn to the documents in question. In its 2005 Program Advisory, the Department confirmed that unlicensed personnel may administer medications generally but “recommend[ed] that . . . unlicensed staff member[s] . . . not administer medications that must be administered by injection . . . .” ( Id ., at p. 7.) The 2005 Program Advisory’s recommendations are nonbinding, both because the document so states ( id ., at p. 1) and as a matter of law. (See § 33308.5 [“Program guidelines issued by the [Department] shall be designed to serve as a model or example, and shall not be prescriptive”]; tit. 5, § 611 [“The [Department], with the approval of the [Board], may issue and periodically update an advisory providing non-binding guidance on the administration of medication . . . . The advisory shall be a program guideline under . . . section 33308.5 . . . .”].) The 2005 document offers no discussion or analysis of its recommendation concerning injections and cites no authority that might support it. The document does cite section 49423 and sections 600, 601 and 604 of title 5 (2005 Program Advisory, at p. 6), which, as we have seen, were specifically intended to permit unlicensed personnel to administer medications, and none of which forbids administration by injection. The document also cites statutes describing the specific licensure required of physicians, nurses and other health care providers employed as such in the schools (§§ 44871, 44873-44878), and also section 49422, which provides that only licensed health care providers and certain other persons with relevant credentials “shall be . . . employed or permitted to supervise the health and physical development of pupils . . . .” (2005 Program Advisory, at p. 6.) As already noted, however, section 49422 cannot mean that only licensed health care providers
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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