DMSELPA Policies and Procedures

Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory

family members], (d) [nursing services in emergencies].) But the document entirely overlooks

the medical-orders exception, which ex pressly 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

con clude 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

BP 2006 – Provision of Healthcare Services

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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)