the medical-orders exception, which expressly permits “any person [to perform] . . . such duties as required in . . . carrying out medical orders prescribed by a licensed physician . . . .” ( Id ., subd. (e).) Viewing the 2005 Program Advisory and the 2006 FAQ in their full legal context, we conclude the documents‟ recommendations are not entitled to judicial deference to the extent they might be thought to preclude unlicensed school personnel from administering insulin. The 2005 Program Advisory makes no serious effort to reconcile its recommendation concerning injections with the applicable statutes (§§ 49423, 49423.6) and binding regulations (tit. 5, §§ 601-611), and ignores the NPA‟s medical -orders exception (Bus. & Prof. Code, § 2727, subd. (e)). The 2006 FAQ shares these faults and, in addition, both contradicts the 2005 Program Advisory’s correct conclusion that unlicensed personnel may administer medications generally and also lacks the Board approval required for program guidelines. (See § 33308.5; tit. 5, § 611.) Under these circumstances, the documents‟ recommendations lack persuasive force on the question before us, and we thus do not defer to them. ( Yamaha Corp. of America v. State Bd. of Equalization, supra, 19 Cal.4th 1, 7 .) We recognize, however, that the 2005 Program Advisory constitutes an important source of advice for local education agencies on matters beyond the scope of this case, and we emphasize that we reject that document’s recommendations only to the extent they contradict the views set out in this opinion. 6. Conclusion. Finding no merit in the arguments to the contrary, we conclude California law does permit trained, unlicensed school personnel to administer prescription medications, including insulin, in accordance with written statements of individual students’ treating physicians, with parental consent (Ed. Code, §§ 49423, 49423.6; tit. 5, §§ 600-611), and that persons who act
Chapter 23 – Provision of Healthcare Services, Charter SELPA As of 09/08/2017 CAHELP Governance Council Approved
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