Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory
delegate to the Board, a state educational agency charged with governing the public schools (see
§§ 33000, 33031), any authority to override statutes in which the Legislature has required
specific licensure before a person may perform a health care function. We assume the Board
shares this understanding. In section 610 of title 5, the Board explains that “[n]othing in this
article may be interpreted as . . . affecting in any way: [¶] (a) The statutes, regulations, or
standards of practice governing any health care professional licensed by the State of California in
the carrying out of activities authorized by the license . . . .” Viewed in this light, the language in
the Board’s regulations that qualifies the authority of unlicensed school personnel to administer
medications — “as allowed by law” (tit. 5, § 604, subd. (a); see also id., § 601, subd. (e)(2)) — is
reasonably and appropriately interpreted as reflecting the Board ’ s deference to laws articulating
policy choices that lie beyond the scope of its delegated authority over the state ’ s public schools.
This does not mean, however, that only licensed health care professionals may administer
prescription medications in public schools. It means, rather, only that the Board ’ s regulations do
not authorize unlicensed school personnel to administer such medications in violation of other
applicable laws or regulations . To illustrate, only licensed health care providers may administer
controlled substances. (See Health & Saf. Code, § 11154, subd. (a).) Also, the Legislature has
mandated specific training before unlicensed school personnel may administer three specially
regulated emergency medications to students. (See §§ 49414 [epinephrine auto-injectors for
anaphylaxis], 49414.5 [glucagon for severe hypoglycemia] and 49414.7 [antiseizure medication
for epilepsy].) A school employee without the licensure or training required by statute for such
medications would not be “allowed by law” (tit. 5, § 604, subd. (a)) to administer them and, thus,
BP 2006 – Provision of Healthcare Services
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
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