Section 49423 Of Article 2. Employment Of Medical Personnel From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 9. >> Article 2.
49423
. (a) Notwithstanding Section 49422, any pupil who is required
to take, during the regular schoolday, medication prescribed for him
or her by a physician and surgeon or ordered for him or her by a
physician assistant practicing in compliance with Chapter 7.7
(commencing with Section 3500) of Division 2 of the Business and
Professions Code, may be assisted by the school nurse or other
designated school personnel or may carry and self-administer
prescription auto-injectable epinephrine if the school district
receives the appropriate written statements identified in subdivision
(b).
(b) (1) In order for a pupil to be assisted by a school nurse or
other designated school personnel pursuant to subdivision (a), the
school district shall obtain both a written statement from the
physician and surgeon or physician assistant detailing the name of
the medication, method, amount, and time schedules by which the
medication is to be taken and a written statement from the parent,
foster parent, or guardian of the pupil indicating the desire that
the school district assist the pupil in the matters set forth in the
statement of the physician and surgeon or physician assistant.
(2) In order for a pupil to carry and self-administer prescription
auto-injectable epinephrine pursuant to subdivision (a), the school
district shall obtain both a written statement from the physician and
surgeon or physician assistant detailing the name of the medication,
method, amount, and time schedules by which the medication is to be
taken, and confirming that the pupil is able to self-administer
auto-injectable epinephrine, and a written statement from the parent,
foster parent, or guardian of the pupil consenting to the
self-administration, providing a release for the school nurse or
other designated school personnel to consult with the health care
provider of the pupil regarding any questions that may arise with
regard to the medication, and releasing the school district and
school personnel from civil liability if the self-administering pupil
suffers an adverse reaction as a result of self-administering
medication pursuant to this paragraph.
(3) The written statements specified in this subdivision shall be
provided at least annually and more frequently if the medication,
dosage, frequency of administration, or reason for administration
changes.
(c) A pupil may be subject to disciplinary action pursuant to
Section 48900 if that pupil uses auto-injectable epinephrine in a
manner other than as prescribed.