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ANA Files Lawsuit with Hope to Increase Number of School Nurses in California

By Amanda Sounart, associate editor

The American Nurses Association (ANA) in conjunction with its state affiliate ANA/California filed a lawsuit against the Superintendent of Public Instruction and California Department of Education in an effort to reinforce that schools are in desperate need of full time school nurses.

The lawsuit is in response to the State Department of Education’s decision to allow unlicensed personnel to administer insulin to diabetic children at school in non-emergency situations. While it may occasionally be necessary for non-medical personnel to administer insulin, school nurses can offer a more comprehensive evaluation of a student’s condition both before and after they receive insulin. In addition, the school personnel will require training from a registered nurse, putting the nurse at risk for disciplinary action should an error occur.

"The ANA believes that students need to have access to the proper healthcare and that the school district needs to make available the appropriate people," said Alice Bodley, general council member for the ANA. "While their goals may have been laudable by adding additional persons to administer insulin, they need to be qualified and licensed nurses, not volunteers."

The ANA contends that this new directive is in direct violation of the California Administrative Procedure Act by not providing the ANA with the opportunity to review or comment on the directive before it was issued. Furthermore, the group sites the Nursing Practice Act, which specifically prohibits non-licensed personnel from practicing as a nurse outside of an emergency situation.

"It’s not just a matter of a simple injection," noted Bodley. "The nurses assess the children as they administer any medication, especially insulin. There are complex diagnostics involved that really shouldn’t be underestimated."

In the 2005/2006 school year, the nurse to student ratio in California was 1 to 2,227 according to the Department of Education’s Web site. The shortage of nurses in schools results from both educational budget cuts and the overall nursing shortage. The ANA recommends a ratio of 1 nurse to every 750 students in order to provide adequate care in schools.

As the gap continues to widen between full time nurses and schools, it is feared that this new decision will allow more children to have medications administered by non-medical personnel causing concern for overdoses and undiagnosed problems. With a school nurse available full time, all necessary medications can be safely administered and on-the-spot care can be provided to students.

"Until this is sorted out school nurses should comply with the state’s nursing practice act," added Bodley.