Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory
to be developed later. (Legis. Counsel ’ s Dig., Assem. Bill. No. 481 (2001-2002 Reg. Sess.),
italics added.) The bill was, thus, analogous to other statutes in which the Legislature has
imposed, for particular medications (e.g., epinephrine, glucagon and antiseizure medication),
additional restrictions on schools‟ use of the general authority concerning medications granted in
section 49423. The Legislature ’ s unsuccessful attempt to impose comparable restrictions on
insulin did not abrogate the existing general authority.
Three additional failed bills did not come to a vote. Senate Bill No. 1487 (2007-2008
Reg. Sess.) would have amended section 49414.5, which permits unlicensed school personnel
with special training to administer glucagon in emergencies, to administer insulin under similar
conditions. (Assem. Bill No. 1487, supra, § 1.) Another bill, Assembly Bill No. 1802 (2009-2010
Reg. Sess.), while expressly authorizing unlicensed personnel to administer insulin, would have
permitted parents, rather than school administrators, to designate the school employees who
would be allowed to administer insulin. ( Ibid ., § 2.) Finally, Assembly Bill No. 1430 (2009-2010
Reg. Sess.) would have provided that no one other than licensed health care providers would be
allowed to administer any medications in schools, except in emergencies. ( Id ., § 2.) Because
none of these bills came to a vote, and because the Legislature ’ s cursory deliberations on them
postdated section 49423 ’ s enactment by decades, none provides a sound basis for inferring the
1968 and 1976 Legislatures ’ intents on the question whether section 49423 permits unlicensed
personnel to administer insulin.
5. The Department’s 2005 and 2006 Advisory Statem ents.
In 2005 and 2006, the Department issued advisory statements recommending that school
personnel other than licensed health care providers not administer medications by injection
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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