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AMERICAN NURSES ASSOCIATION v. TORLAKSON (McGuiness, A. P. J., assigned justice pro tempore; Cantil-Sakauye, C. J., not participating)

Appellant, American Diabetes Association, Opening Brief on the Merits

48 Cited authorities

  1. Hendrick Hudson Dist. Bd. of Ed. v. Rowley

    458 U.S. 176 (1982)   Cited 3,076 times   10 Legal Analyses
    Holding that the Act establishes a substantive right to a FAPE for qualifying children

  2. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 983 times   9 Legal Analyses
    Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions

  3. Hines v. Davidowitz

    312 U.S. 52 (1941)   Cited 2,184 times   12 Legal Analyses
    Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

  4. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.

    450 U.S. 311 (1981)   Cited 407 times
    Holding preempted a state common-law claim that would have allowed recovery of damages in tort for abandonment of a rail line when that abandonment had been approved by the Interstate Commerce Commission

  5. Dyna-Med, Inc. v. Fair Employment Housing Com

    43 Cal.3d 1379 (Cal. 1987)   Cited 888 times
    Holding that the statute did not extend to cover remedies that were “different in kind from the enumerated remedies,” because “ more reasonable reading of the phrase ‘including, but not limited to,’ ... permitting only additional corrective remedies comports with the statutory construction doctrines of ejusdem generis, expressio unius est exclusio alterius and noscitur a sociis.”

  6. Smith v. Superior Court

    39 Cal.4th 77 (Cal. 2006)   Cited 239 times   4 Legal Analyses
    Stating that a broad construction of the term "discharge" in § 201 made sense "in light of the important public policy at stake"

  7. Tidewater Marine Western, Inc. v. Bradshaw

    14 Cal.4th 557 (Cal. 1996)   Cited 292 times   18 Legal Analyses
    Holding that DLSE Enforcement Manual was not entitled to higher level of deference accorded a regulation because it was not adopted consistent with the Administrative Procedures Act's requirements of public notice and comment

  8. Irving Independent School Dist. v. Tatro

    468 U.S. 883 (1984)   Cited 136 times
    Holding that "if a particular medication or treatment may appropriately be administered to a handicapped child other than during the school day, a school is not required to provide nursing services to administer it"

  9. Cedar Rapids Community School Dist. v. Garret F

    526 U.S. 66 (1999)   Cited 89 times
    Finding that a wheelchair-bound student on a ventilator required the school district to provide the student with nursing services during the school day as "related services"

  10. Diamond Multimedia Systems, Inc. v. Superior Court

    19 Cal.4th 1036 (Cal. 1999)   Cited 255 times   1 Legal Analyses
    Finding no constitutional impediment in permitting non-Californians a right of action under a domestic statute because California had a "clear and substantial interest in preventing fraudulent practices in this state," or in "extending state-created remedies to out-of-state parties harmed by wrongful conduct occurring in California."

  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,303 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  12. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,308 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  13. Section 1400 - Short title; findings; purposes

    20 U.S.C. § 1400   Cited 6,521 times   12 Legal Analyses
    Finding of Congress that "the education of children with disabilities can be made more effective by ... ensuring that families ... have meaningful opportunities to participate"

  14. Section 11340 - Legislative intent

    Cal. Gov. Code § 11340   Cited 407 times   5 Legal Analyses

    The Legislature finds and declares as follows: (a) There has been an unprecedented growth in the number of administrative regulations in recent years. (b) The language of many regulations is frequently unclear and unnecessarily complex, even when the complicated and technical nature of the subject matter is taken into account. The language is often confusing to the persons who must comply with the regulations. (c) Substantial time and public funds have been spent in adopting regulations, the necessity

  15. Section 3 - Commissioner; appointment and tenure of office; compensation

    29 U.S.C. § 3   Cited 40 times

    The Bureau of Labor Statistics shall be under the charge of a Commissioner of Labor Statistics, who shall be appointed by the President, by and with the advice and consent of the Senate; he shall hold his office for four years, unless sooner removed, and shall receive a salary. 29 U.S.C. § 3 June 27, 1884, ch. 127, 23 Stat. 60; June 13, 1888, ch. 389, §2, 25 Stat. 182; Mar. 18, 1904, ch. 716, 33 Stat. 136; Mar. 4, 1913, ch. 141, §3, 37 Stat. 737. EDITORIAL NOTES CODIFICATIONAct June 13, 1888, raised

  16. Section 2725 - Practice of nursing

    Cal. Bus. & Prof. Code § 2725   Cited 23 times

    (a) In amending this section at the 1973-74 session, the Legislature recognizes that nursing is a dynamic field, the practice of which is continually evolving to include more sophisticated patient care activities. It is the intent of the Legislature in amending this section at the 1973-74 session to provide clear legal authority for functions and procedures that have common acceptance and usage. It is the legislative intent also to recognize the existence of overlapping functions between physicians

  17. Section 2700 - Short title

    Cal. Bus. & Prof. Code § 2700   Cited 12 times

    This chapter of the Business and Professions Code constitutes the chapter on professional nursing and shall be construed as revisory and amendatory of the laws heretofore enacted. It may be cited as the Nursing Practice Act. Ca. Bus. and Prof'l. Code § 2700 Repealed and added by Stats. 1939, Ch. 807.

  18. Section 2732 - Practice without license; use of title or letters

    Cal. Bus. & Prof. Code § 2732   Cited 11 times

    No person shall engage in the practice of nursing, as defined in Section 2725, without holding a license that is in an active status issued under this chapter except as otherwise provided in this act. Every licensee may be known as a registered nurse and may place the letters "R.N." after their name. Ca. Bus. and Prof. Code § 2732 Amended by Stats 2023 ch 510 (SB 887),s 26, eff. 1/1/2024. Amended by Stats. 1976, Ch. 1053.

  19. Section 2708.1 - Protection of public

    Cal. Bus. & Prof. Code § 2708.1   Cited 6 times

    Protection of the public shall be the highest priority for the Board of Registered Nursing in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. Ca. Bus. and Prof'l. Code § 2708.1 Added by Stats 2002 ch 107 (AB 269),s 10, eff. 1/1/2003.

  20. Section 49423 - Administration of prescription medication to pupils; self-administration of auto-injectable epinephrine

    Cal. Ed. Code § 49423   Cited 5 times
    Restricting school employees from assisting in the taking of most medications under most circumstances

  21. Section 104.33 - Free appropriate public education

    34 C.F.R. § 104.33   Cited 302 times   2 Legal Analyses
    Finding that regulation implementing Section 504 requiting the recipients of federal assistance that operate public schools to provide a free appropriate public education

  22. Section 604 - Administration of Medication to Pupils or Otherwise Assisting Pupils in the Administration of Medication

    Cal. Code Regs. tit. 5 § 604   Cited 4 times

    (a) A school nurse may administer medication to a pupil or otherwise assist a pupil in the administration of medication as allowed by law and in keeping with applicable standards of professional practice. (b) Other designated school personnel may administer medication to pupils or otherwise assist pupils in the administration of medication as allowed by law and, if they are licensed health care professionals, in keeping with applicable standards of professional practice for their license. (c) The

  23. Section 600 - Authorization

    Cal. Code Regs. tit. 5 § 600   Cited 2 times

    Pursuant to Section 49423 and subdivision (b) of Section 49423.6 of the Education Code, any pupil who is required to take, during the regular school day, prescribed medication may be assisted by a school nurse or other designated school personnel if both of the following conditions are met: (a) The pupil's authorized health care provider executes a written statement specifying, at a minimum, the medication the pupil is to take, the dosage, and the period of time during which the medication is to

  24. Section 601 - Definitions

    Cal. Code Regs. tit. 5 § 601   Cited 2 times

    As used in Section 49423 and subdivision (b) of Section 49423.6 of the Education Code and in this article: (a) "Authorized health care provider" means an individual who is licensed by the State of California to prescribe medication. (b) "Medication" may include not only a substance dispensed in the United States by prescription, but also a substance that does not require a prescription, such as over-the-counter remedies, nutritional supplements, and herbal remedies. (c) "Medication log" may consist

  25. Section 603 - Written Statement of the Parent or Legal Guardian

    Cal. Code Regs. tit. 5 § 603

    (a) A local education agency may establish specifications for the written statement of the pupil's parent or legal guardian in order to ensure that: (1) The pupil is clearly identified. (2) Permission is obtained for an authorized representative of the local education agency to communicate directly with the pupil's authorized health care provider, as may be necessary, regarding the authorized health care provider's written statement. (3) The parent or legal guardian understands what employees of

  26. Section 607 - Documentation

    Cal. Code Regs. tit. 5 § 607

    A local education agency may establish policies regarding documentation of the administration of medication to pupils or otherwise assisting pupils in the administration of medication to ensure that: (a) Pupil confidentiality is appropriately maintained; (b) A medication record is maintained for each pupil to whom medication is administered or other assistance is provided in the administration of medication; and (c) An appropriate record is kept of pupils who are allowed to carry and self-administer

  27. Section 73313 - Nursing Service-Drug Administration

    Cal. Code Regs. tit. 22 § 73313

    Nursing service shall include but not be limited to the following, with respect to the administration of drugs: (a) Medications and treatments shall be administered as prescribed and shall be recorded in patient's health records. (b) Preparation of doses for more than one scheduled administration time shall not be permitted. (c) Medications shall only be administered by personnel who have completed a state-approved training program in medication administration. (d) Medications shall be administered

  28. Section 85065 - Personnel Requirements

    Cal. Code Regs. tit. 22 § 85065

    (a) In addition to Section 80065, the following shall apply. (b) The licensee shall employ staff as necessary to ensure provision of care and supervision to meet client needs. (c) The licensee shall employ support staff as necessary to perform office work, cooking, house cleaning, laundering, and maintenance of buildings, equipment and grounds. (d) The licensee shall ensure that the following personnel requirements are met in the provision of planned activities: (1) In facilities with a licensed

  29. Section 101226 - Health-Related Services

    Cal. Code Regs. tit. 22 § 101226

    (a) The licensee shall immediately notify the child's authorized representative if the child becomes ill or sustains an injury more serious than a minor cut or scratch. The licensee shall obtain specific instructions from the authorized representative regarding action to be taken. (1) In the case of an illness severe enough to require isolation of the child, the center shall follow the procedures specified in Section 101226.2. (2) In the case of less serious injuries including, but not limited to

  30. Section 610 - Applicability of this Article

    Cal. Code Regs. tit. 5 § 610

    Nothing in this article may be interpreted as creating a state-mandated local program or as affecting in any way: (a) The statutes, regulations, or standards of practice governing any health care professional licensed by the State of California in the carrying out of activities authorized by the license; (b) The statutes or regulations governing the administration of medication to pupils or otherwise assisting pupils in the administration of medication by individuals who are not licensed health care