Stacie L. Patterson Law Blog

On January 1, 2012 SB 161 will take effect.  The bill, which Governor Brown signed on October 7 of this year, will make it possible for non-medical staff at California public schools to administer the anti-seizure drug, Diastat.

The California public school system faces frequent budget cuts and one of the effects has been for schools to lose their full time nurses.  Because the administration of Diastat is time sensitive, without a nurse to dispense it, epileptic students face serious consequences, including brain injury and even death if they suffer a seizure at school.

The parents' of children with prescriptions of Diastat will be able to request that school staff be trained to administer the medicine.  The training will be voluntary and optional.  School nurses will not be training the school staff because under California's "Nursing Practice Act" nurses are prevented from teaching non-licensed personnel to practice nursing.

Some parents are worried that if the drug is given by a non-medically trained person, their children could be adversely affected but experts argue that the risk to children is very low, even if the Diastat is administered
incorrectly.

If you are nurse facing sanctions, call attorney Stacie L. Patterson (619) 269-8074