California Supreme Court to Hear Oral Arguments in Case Seeking to Ensure Access to Insulin for California Students with Diabetes
May 29, 2013
The American Diabetes Association (Association) is pleased to announce the California Supreme Court will hear oral arguments today in the American Nurses Association v. Tom Torlakson as Superintendent of Public Instruction, a case that disputes the legality of non-medical professionals administering insulin to children with diabetes in a school setting. The Association strongly believes that California state law permits school staff to administer insulin and that federal law requires it, when a school nurse is unavailable to provide the diabetes care needed.
“Today, the American Diabetes Association urges the California Supreme Court to recognize that every child with diabetes has the right to access the lifesaving insulin they need to stay healthy at school,” said Karen Talmadge, PhD, Chair of the Board, American Diabetes Association. “Everyday across the country, non-medical professionals are safely administering insulin to children in both home and school settings. California should follow this practical approach to protect its children. There is currently one school nurse for every 2,200 school children in our state. Diabetes experts agree, school staff can and should be trained to provide this care when a nurse is not available.”
The case comes before the California Supreme Court after more than seven years of litigation, including two lawsuits, a landmark settlement, followed by disappointing rulings from a trial and appellate court, all of which have led to the California Supreme Court taking on the case for further review. The Association, represented by Disability Rights Education and Defense Fund (DREDF) and Reed Smith LLP, has been and will continue to fight for the families of children with diabetes in California’s public schools to have access to the insulin and care they need to be safe at school.
The American Diabetes Association is leading the fight to Stop Diabetes and its deadly consequences and fighting for those affected by diabetes. The Association funds research to prevent, cure and manage diabetes; delivers services to hundreds of communities; provides objective and credible information; and gives voice to those denied their rights because of diabetes. For the past 75 years, our mission has been to prevent and cure diabetes and to improve the lives of all people affected by diabetes.