August 12, 2013: CA Supreme Court Rules
The CA Supreme Court rules that unlicensed trained school personnel may administer insulin pursuant to the medical orders of the students' treating physician. Please read the press release from ANA and click on the link California Supreme Court's ruling to read the decision.
May 29, 2013: The CA Supreme Court will hear the insulin case filed by ANA. Review the CDE Advisory on Insulin Statement. You can also review the history of this process at http://appellatecases.courtinfo.ca.gov
Quick Guide: The General Educator & Section 504 Issues: This document explains 504's and provides an analysis of SB 161.
Assembly Bill 1802: Administration of Insulin
For many months, ANA\C along with other interested groups have worked to prevent the passing of legislation where non-licensed personnel, working in the school systems, could administer insulin The legislation was defeated. However, this issues has not gone away and ANA\C is watching for any movement to introduce new and/or different legislation.
ANA\C provides a time-line update.
Results of Court of Appeals Hearing on School Nurse Issue and ANA Lawsuit: We Won!
This is the lawsuit against the Department of Education. A couple of years ago the Department of Education settled a lawsuit by agreeing to override state licensure laws! The precedent this law would have set was far reaching. Can the state override state law to settle a lawsuit? Can the define an emergency, based on a belief that there is a shortage of staff that overrules statue? IF they can that means anytime an institution cannot fill a position, no matter what the reason, (salary that is not reasonable, elimination of the position, etc.) they can override licensure laws. Though this lawsuit happened over the issue of unlicensed persons giving insulin, the precedent was much more far reaching.
ANA\C is happy to report that this lawsuit was WON! For more details visit http://www.courtinfo.ca.gov/courts
Court of Appeals Hearing on School Nurse Issue and ANA Lawsuit:
May 24, 2010-the Court of Appeals heard the above case. Each side presented before three Appellate Judges. Each had 20 minutes to present their case. The usual time limit is 10 minutes per side for this Court.
Dennis Myo, the Attorney for the Diabetic Association, spoke for 15 minutes and then 2 minutes to rebut at the end. Robin Johansen, the Attorney for the Department of Education, spoke for 2 minutes. Maureen Cone represented ANA along with local counsel Carie Bonnington and the CNA Attorney. Maureen was the only attorney who spoke for our side.
The 3 judges were Honorable Arthur Scotland, Richard Simms, and Taki Sakauye. They were well informed and asked lost of very good hard but well versed "on the issues" questions of both sides. They had the sections of the law as stated in the original findings before them and they were knowledgeable on the points of both sides.
It will take approximately 60-90 days "usually-possible longer per Maureen" before an opinion will be given. They do not record the hearing so there will be no transcript. The opinion will be given to Maureen Cone/ANA and she will relay to us when it arrives.
2008 Press Release from ANA
Information From Other States
August 16, 2010 Governor of Illinois vetoed bill that would have allowed unlicensed personnel to administer insulin. Read supporting documents-HB6065 Veto Message and Flyer Coalition for Safe Health Care Management of School Children