Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Wednesday, September 22, 2010

California law does not permit trained volunteer school personnel who are not lincensed nurses to administer insulin injections to diabetic students

In American Nurses Ass’n v. O’Connell, No. C061150 (Cal. App. Ct. Jun. 8, 201, a California intermediate court held that state law does not permit trained school personnel who are not licensed nurses to administer insulin injections to diabetic students pursuant to a § 504 plan under the federal Rehabilitation Act or an individualized educational program (IEP) under the federal Individuals with Disabilities Education Act (IDEA). The court reasoned that federal law did not preempt state law restricting the giving of insulin shots by licensed nurses, but suggested that state law should be changed.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2010/09/california-law-does-not-permit-trained-volunteer-school-personnel-who-are-not-lincensed-nurses-to-administer-insulin-injectio.html

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