Nonlicensed CA School Employees Can Administer Meds to Students

In Monday's unanimous California Supreme Court ruling, Justice Kathryn Werdegar wrote "California law expressly permits trained, unlicensed school personnel to administer prescription medications such as insulin in accordance with the written statements of a student's treating physician and parents."  The ruling was a victory for the American Diabetes Association, and a defeat of the "powerful" California Nurses Association.

Justice Kathryn Werdegar
[Courtesy of californiaschildren.typepad.com]

The American Nurses Association called the ruling "a disturbing precedent for California and the nation" that "lowers the level of care for children...and puts them at risk for medication errors."

However others agree that more hands on deck to deliver medication in schools is an enormous step forward for disability rights and children's health.  California schools have only one nurse for every 2,200 students -- only 5% of schools have full-time nurses, 69% have part-time nurses and 26% have no nurse at all, the court said.

[Courtesy of globegazette.com]

The ruling services to protect students with chronic medical conditions and disabilities, according to The Disability Rights Education and Defense Fund, representing the American Diabetes Association in the case.

The ability "to access services such as administering medication through attendants or other caregivers is integral to living independently in the community or receiving affordable residential care elsewhere," the Defense Fund said. "The question of who can provide what type of service is crucial to the people who need those services."

The ruling overturned an appellate court decision written by Chief Justice Tani G. Cantil-Sakauye before she was elevated to the California Supreme Court. Because of her prior involvement, Cantil-Sakauye did not participate in Monday's ruling.