Policy – Category 2000 (Administration)
BP 2006 – Provision of Healthcare Services
3.0
Administering Medication and Monitoring Health Condition
Other designated school personnel may include any individual employed by the LEA who has consented to administer the medication or otherwise assist the child, and who may legally administer the medication ( Title 5 of the California Code of Regulations § 601 ). Medication may include not only a substance dispensed in the United States by prescription, but also a substance that does not require a prescription, such as over-the- counter remedies, nutritional supplements, and herbal remedies ( Title 5 of the California Code of Regulations § 601 ). Additionally, federal and state law prohibit LEAs from requiring a child to obtain a prescription for a substance covered by the Controlled Substance Act, as a condition of attending school, receiving an evaluation, or receiving services ( Title 20 of the United States Code § 1412(a)(25) ). Title 20 of the United States Code § 1412(a)(25). Prohibition on Mandatory Medicine. (A) In general. The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substance Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation under subsection (a) or (c) of section 1414 of this title, or receiving services under this chapter. California Education Code § 56040.5. State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part.
3.1
Persons Authorized to Administer Medication at School
The following individuals are authorized to administer insulin in California public schools pursuant to an IEP ( Title 5 of the California Code of Regulations § 604 ):
1. Self- administration, with authorization of the child’s health care provider and parent/guardian;
2. School nurse or school physician employed by the LEA;
BP 2006 – Provision of Healthcare Services
Page 4
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
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