Supreme Court of California

In a case presenting a dispute over whom state law permits to administer insulin to public school students with diabetes who cannot self-administer insulin, a challenge alleging that State Department of Education advice, which permits trained school personnel who are not licensed health care providers to administer insulin pursuant to the medical orders of students' treating physicians, condones the unauthorized practice of nursing, the Court of Appeals judgment is reversed where 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 (Ed. Code sections 49423, 49423.6, Cal. Code Regs., tit.5, section 600, 604(b)) and expressly exempts persons who thus carry out physicians' medical orders from laws prohibiting the unauthorized practice of nursing (Bus. & Prof. Code section 2727(e)).

Appellate Information

• Decided 08/12/2013
• Published 08/12/2013

Judges

• WERDEGAR

Court

• Supreme Court of California

Counsel