Articles Posted in Health Care Law

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Public school students with diabetes who cannot self-administer insulin are entitled under federal law to have it administered to them during the school day at no cost. In 2007, the State Department of Education (Department) issued a legal advisory authorizing unlicensed school personnel to administer insulin. The American Nurses Association and other trade organizations representing registered and school nurses (collectively, Nurses) challenged the document by filing this action seeking declaratory relief and a writ of mandate, asserting that the Department's advice condoned the unauthorized practice of nursing. The superior court declared the advisory invalid to the extent it authorized unlicensed school personnel to administer insulin. The Supreme Court reversed, holding that California law expressly permits trained, unlicensed school personnel to administer prescription medications such as insulin in accordance with the written statements of a student's treating physician and parents and expressly exempts persons who thus carry out physicians' medical orders from laws prohibiting the unauthorized practice of nursing.View "Am. Nurses Ass'n v. Torlakson" on Justia Law

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D.S., who had several disabilities and disorders, was admitted to the Spurwink School for the provision of "necessary emotional, psychological and other therapeutic services and education." In 2004, D.S., then sixteen years old, arrived at school. An educational technician came outside when D.S. arrived, but D.S. shortly thereafter left the property on foot. D.S. was not located, and D.S. later alleged that, after leaving the school property, she was sexually assaulted by two strangers. In 2010, D.S.'s mother, on behalf of D.S., filed a five-count complaint against Spurwink Services. Spurwink Services moved to dismiss the complaint, asserting that the case was governed by the Maine Health Security Act (MHSA) and D.S. failed to comply with the requirements of the MHSA. The superior court entered summary judgment in favor of Spurwink Services, finding that it lacked jurisdiction over D.S.'s claims pursuant to the MHSA. The Supreme Court vacated the judgment and remanded, holding that the provisions of MHSA did not apply in this case, as D.S.'s action did not constitute an "action for professional negligence" as defined by the MHSA.View "D.S. v. Spurwink Services, Inc." on Justia Law