Walden Center & School is a private K-6 school in Berkeley, CA.We have a student newly diagnosed with diabetes.We have a physician authorization for diabetes management in school, part of which states:"...unlicensed school employees, who have received appropriate training by a school nurse or other health care professional with experience in diabetes, may perform specialized physical health care services." I also looked up the Education Code # XXXXXWe do have written consent from the doctor and the parents to administer to and supervise the student with her blood sugar management.My question is:Are we legally covered if our staff has only been trained by the parents?Thank you,Claudine SwickardAdministrative CoordinatorWalden Center & School(XXX) XXX-XXXXemail:XXX@XXXXXX.XXX
Country relating to Question: United States
State (if USA): California
Reading the doctor's authorization and California Educational Code 49423
Good afternoon,I'm sorry to hear of the situation.Interestingly, I resided in CA when my step-son was diagnosed with juvenile onset diabetes and I went through the same issues with his school.So long as the physician's instructions, and the authorization of the parent(s) is in writing, there is no prohibition of the staff learning how to administer the insulin. However, the specific language of the physician in granting the right to administer the insulin specifically ordered that the person responsible for the administration of the medicine receive direction/training from a school nurse, or other health care professional. Unless one of the parents is an RN or MD---then you will need to have an RN or an MD teach a short 5 minute class on the administration of insulin before you may take action based on the authorization of the physician.The physician may modify the authorization to include direction by the parents---but absent that, you do not have the necessary authorization to comply with California Educational Code §49423.I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.I wish you the best in 2012.Thank you.Doug
I am an attorney with nearly 3 decades of experience in a wide variety of legal areas, including Educational Law.
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