Court limits insulin administration to licensed nurses
Published: July 1, 2010
California law allows only licensed nurses, not trained but unlicensed school personnel, to administer insulin injections to students with diabetes, the 3rd District Court of Appeal in Sacramento decided June 8, acting on a 2008 lawsuit brought by nurses associations.
The 39-page ruling suggests, however, that the three-judge panel believes the law ought to be changed, according to CSBA Associate General Counsel Judy Cias.
“The ruling speaks to the practical matter of there being too few resources available for students with diabetes,” Cias said. “The appellate court concurred with the trial court that a legislative fix is necessary. Both the trial court and appellate court seemed to say that unlicensed personnel could administer insulin safely but that California law does not allow it, so it’s up to the Legislature. Students need access to someone to help administer the medication and volunteers can be trained to safely do it.”
CSBA’s Governmental Relations Department has been advocating for such a legislative remedy. In the meantime, CSBA is revising its sample policies and administrative regulations to help guide school districts and county offices of education on the issue following the court ruling, which will take effect 30 days after its June 8 issuance. The parties have not yet decided whether to request review by the California Supreme Court.
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