HF 1394

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; allowing public elementary and 
  1.3             secondary school students to possess and use asthma 
  1.4             medications; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 121A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [121A.221] [POSSESSION AND USE OF ASTHMA 
  1.8   INHALERS BY ASTHMATIC STUDENTS.] 
  1.9      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.10  "asthma inhaler" means a dispensing device that is prescribed by 
  1.11  a health care provider with prescribing authority, has an 
  1.12  individual prescription label, and is used for the 
  1.13  self-administration of a medication that is inhaled to treat 
  1.14  asthma or another reactive airway disease (RAD). 
  1.15     Subd. 2.  [POSSESSION AND USE OF ASTHMA INHALERS.] A school 
  1.16  board must develop and implement a policy to allow elementary 
  1.17  and secondary students to possess and use asthma inhalers during 
  1.18  the school day, at a school-sponsored activity, while on a 
  1.19  school bus or other school property, while under the supervision 
  1.20  of school personnel, or before and after normal school 
  1.21  activities such as pre- and post-child care on school-operated 
  1.22  property.  Such policies must include at least the following 
  1.23  requirements: 
  1.24     (a) a licensed physician or registered nurse practitioner 
  1.25  providing care to the student, the student's parent or guardian, 
  2.1   the student, and the school must certify that they agree that 
  2.2   use of the asthma inhaler is appropriate and that the inhaler 
  2.3   will be used safely, carefully, and accurately; 
  2.4      (b) a parent or guardian of the student must provide the 
  2.5   school with a written authorization for the possession and use 
  2.6   of an asthma inhaler; 
  2.7      (c) the school must receive written notice from a licensed 
  2.8   physician or registered nurse practitioner providing care to the 
  2.9   student that: 
  2.10     (1) identifies the student; 
  2.11     (2) states that the student has a diagnosis of asthma or 
  2.12  another reactive airway disease and use by the student of the 
  2.13  asthma inhaler that is prescribed and recommended for the 
  2.14  student; 
  2.15     (3) specifies the name and dosage of the asthma medication 
  2.16  the student self-administers using the inhaler and the time or 
  2.17  special circumstances under which the student self-administers 
  2.18  the asthma medication; 
  2.19     (4) lists the possible side effects of the asthma 
  2.20  medication, the potential of any serious reaction that may 
  2.21  occur, and any necessary emergency response; and 
  2.22     (5) attests to the student's demonstrated ability to safely 
  2.23  and effectively use the asthma inhaler; 
  2.24     (d) a parent or guardian of the student signs a statement 
  2.25  releasing the school district from liability as a result of any 
  2.26  injury arising from the student's use of the asthma inhaler and 
  2.27  holding harmless the district and its employees or agents 
  2.28  against any claims arising out of the student's use of the 
  2.29  asthma inhaler; and 
  2.30     (e) permits the student to possess and use the asthma 
  2.31  inhaler only for the school year for which permission is granted 
  2.32  and renews permission for each subsequent school year only upon 
  2.33  fulfillment of the requirements of paragraphs (a) to (d). 
  2.34     Subd. 3.  [VERIFICATION OF PERMISSION TO POSSESS AND USE 
  2.35  ASTHMA INHALER.] A school must develop and implement a system 
  2.36  whereby the student verifies to any inquiring school personnel 
  3.1   that the student is permitted to possess and use the asthma 
  3.2   inhaler. 
  3.3      Subd. 4.  [ASSESSMENT.] In a school district that employs a 
  3.4   school nurse or provides school nursing services under another 
  3.5   arrangement, the school nurse or other appropriate party must 
  3.6   assess the student's knowledge and skills to safely possess and 
  3.7   use the asthma inhaler in a school setting and enter into the 
  3.8   student's school health record the plan to implement safe 
  3.9   possession and use policies of asthma inhalers. 
  3.10     Subd. 5.  [CONSULTATION WITH PARENT OR GUARDIAN.] A school 
  3.11  must consult with a parent or guardian of a student before 
  3.12  limiting or restricting a student's possession or use of an 
  3.13  asthma inhaler and before revoking at any point during the 
  3.14  school year a student's permission to possess and use an asthma 
  3.15  inhaler. 
  3.16     Subd. 6.  [TECHNICAL ASSISTANCE.] The commissioners of 
  3.17  health and children, families, and learning must provide 
  3.18  technical assistance to school districts to: 
  3.19     (a) train appropriate school staff on asthma assessments; 
  3.20     (b) in conjunction with professional organizations, develop 
  3.21  standards for the possession and use of asthma inhalers in 
  3.22  schools; and 
  3.23     (c) develop implementation tools to assist school districts 
  3.24  in achieving goals relating to the possession and use of asthma 
  3.25  inhalers.