Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory
medications.‟ ” (Sen. Rules Com., Analysis of Sen. Bill No. 1549 (1999 -2000 Reg. Sess.) Aug.
14, 2000, p. 3.) To provide additional clarity, the Legislature directed the Department to develop
and recommend, and the Board to adopt, regulations “regarding the administration of medication
in the public schools pursuant to sectio n 49423.” (§ 49423.6, subd. (a), added by Stats. 2000, ch.
281, § 2, p. 2477.)
Obeying the Legislature ’ s command, the Board in 2003 adopted sections 600 to 611 of
title 5 of the California Code of Regulations. (All further references to title 5 are to that code.)
These regulations expressly declare that unlicensed school personnel may administer
medications. Section 604 provides: “(a) A school nurse may administer medication to a pupil or
otherwise assist a pupil in the administration of medication as allowed by law and in keeping
with applicable standards of professional practice. [¶] (b) Other designated school personnel may
administer medication to pupils or otherwise assist pupils in the administration of medication as
allowed by law and, if they are licensed health care professionals, in keeping with applicable
standards of professional practice for their license.” (Tit. 5, § 604, subd. (b), italics added.)
Section 601 defines the “ ‘ [o]ther designated school personnel ’ ” who are thus authorized to act
a s “includ[ing] any individual employed by the local education agency who : [¶] (1) Has
consented to administer the medication to the pupil or otherwise assist the pupil in the
administration of the medication; and [¶] (2) May legally administer the medication to the pupil
or otherwise assist the pupil in the administration of the medication.” ( Id ., § 601, subd. (e), italics
added.) Other sections of title 5 provide for such related matters as medication logs and records,
the contents of the physicians‟ and parents‟ required written statements, and the delivery,
storage and disposal of medications. ( Id ., §§ 601-609.)
BP 2006 – Provision of Healthcare Services
Page 34
Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
Made with FlippingBook interactive PDF creator