DMSELPA Policies and Procedures

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

insulin, in accordance with written statements of individual students ’ treating physicians, with

parental consent (Ed. Code, §§ 49423, 49423.6; tit. 5, §§ 600-611), and that persons who act

under this authority do not violate the NPA (see Bus. & Prof. Code, § 2727, subd. (e)). Because

schools may administer prescription medications only in accordance with physicians ’ written

statements (§ 49423; tit. 5, § 600, subd. (a)), state law in effect delegates to each student ’ s

physician the decision whether insulin may safely and appropriately be administered by

unlicensed school personnel or instead whether a particular student ’ s medical needs can be met

only by a licensed health care provider. State law, however, presents no categorical obstacle to

the use of unlicensed personnel for this purpose.

In view of this conclusion, we need not address the Association ’ s contention that federal

law would preempt a contrary rule.

B. The APA.

The Nurses contend the 2007 Legal Advisory is ineffective on the theory the Department

should have adopted it as a regulation in compliance with the APA. (Gov. Code, § 11340 et seq.)

The superior court agreed with the Nurses on this point. The Court of Appeal, ruling for the

Nurses on other grounds, did not reach the issue.

We also do not reach the issue, for two reasons: First, the Nurses forfeited the issue in

this court by failing to file, in response to the petition for review, an answer raising it. (See Cal.

Rules of Court, rule 8.500(a)(2).) While we have the power to address additional issues ( id ., rule

8.516(b)(1)), the briefs touch upon the APA issue only cursorily, and we have not requested

additional briefing (cf. Cal. Rules of Court, rule 8.516 (b)(2)).

BP 2006 – Provision of Healthcare Services

Page 50

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

Made with FlippingBook interactive PDF creator