The California Supreme Court decided who may administer insulin to diabetic students, in light of “a longstanding shortage of school nurses.” In 2007, California’s Department of Education stated that “trained school personnel who are not licensed health care providers may, when no nurse is available, administer insulin pursuant to medical orders of students’ treating physicians.” The American Nurses Association brought an action challenging the Department’s mandate as an unauthorized practice of nursing. Citing Education Code sections 49423 and 49423.6, the Supreme Court concluded “California law does permit trained, unlicensed school personnel to administer prescription medications, including insulin, in accordance with written statements of individual students’ treating physicians, with parental consent.” American Nurses Association v. Tom Torlakson (Cal. Sup. Ct.; August 12, 2013) 57 Cal.4th 570.
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