Assembly Bill (“AB”) 743 (2019), attached, amends section 49423.1 of the Education Code to allow school districts to accept a written statement from a physician or surgeon contracted with a prepaid health plan lawfully operating under the laws of Mexico. Such a written statement must be (1) written in both Spanish and English and (2) include the name and contact information for the prescribing physician or surgeon.
The revised law also includes protections for school districts, school nurses and other school personnel to ensure that such persons will not be subject to liability, including civil liability, for “acts or omissions related to pupil self-administering inhaled asthma medication” pursuant to a valid written statement from a physician or surgeon. School nurses and personnel are also protected from criminal prosecution related to self-administration of asthma medication pursuant to a valid written statement under the revised law.
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Legal Update written by Kaitlyn Schwendeman, Schools Legal Counsel.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
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