Torlakson

Public school students with diabetes who cannot self-administer insulin are normally entitled under federal law to have it administered to them during the schoolday. This case presents a dispute over whom state law permits to administer that insulin. The dispute arises against the background of á long-standing shortage of school nurses and a class action in federal court alleging the state’s schools have failed to ensure diabetic students actually receive legally required health care services. Pursuant to an agreement settling that litigation, the State Department of Education (Department) in 2007 advised local education agencies that trained school personnel who are not licensed health care providers may, when no nurse is available, administer insulin pursuant to the medical orders of students’ treating physicians. (State Dept. of Education, Legal Advisory on Rights of Students with Diabetes in California’s K-12 Public Schools (2007) pt. IV.C [as of Aug. 12, 2013] (2007 Legal Advisory).) In the case now before us, the American Nurses Association and other trade organizations representing registered and school nurses…