1.1                          A bill for an act 
  1.2             relating to education; allowing students to possess or 
  1.3             have immediate access to nonsyringe injectors of 
  1.4             epinephrine; amending Minnesota Statutes 2002, section 
  1.5             121A.22, subdivision 2; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 122A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 121A.22, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [EXCLUSIONS.] In addition, this section does not 
  1.11  apply to drugs or medicine that are: 
  1.12     (1) that can be purchased without a prescription; 
  1.13     (2) that are used by a pupil who is 18 years old or older; 
  1.14     (3) that are used in connection with services for which a 
  1.15  minor may give effective consent, including section 144.343, 
  1.16  subdivision 1, and any other law; 
  1.17     (4) that are used in situations in which, in the judgment 
  1.18  of the school personnel who are present or available, the risk 
  1.19  to the pupil's life or health is of such a nature that drugs or 
  1.20  medicine should be given without delay; 
  1.21     (5) that are used off the school grounds; 
  1.22     (6) that are used in connection with athletics or extra 
  1.23  curricular activities; 
  1.24     (7) that are used in connection with activities that occur 
  1.25  before or after the regular school day; 
  1.26     (8) that are provided or administered by a public health 
  2.1   agency in order to prevent or control an illness or a disease 
  2.2   outbreak as provided for in sections 144.05 and 144.12; or 
  2.3      (9) that are prescription asthma or reactive airway disease 
  2.4   medications self-administered by a pupil with an asthma inhaler 
  2.5   if the district has received a written authorization from the 
  2.6   pupil's parent permitting the pupil to self-administer the 
  2.7   medication, the inhaler is properly labeled for that student, 
  2.8   and the parent has not requested school personnel to administer 
  2.9   the medication to the pupil.  The parent must submit written 
  2.10  authorization for the pupil to self-administer the medication 
  2.11  each school year; or 
  2.12     (10) prescription nonsyringe injectors of epinephrine, 
  2.13  consistent with section 122A.2205, if the parent and prescribing 
  2.14  medical professional annually inform the pupil's school in 
  2.15  writing that (i) the pupil may possess the epinephrine or (ii) 
  2.16  the pupil is unable to possess the epinephrine and requires 
  2.17  immediate access to nonsyringe injectors of epinephrine that the 
  2.18  parent provides properly labeled to the school for the pupil as 
  2.19  needed. 
  2.20     Sec. 2.  [122A.2205] [POSSESSION AND USE OF NONSYRINGE 
  2.21  INJECTORS OF EPINEPHRINE; MODEL POLICY.] 
  2.22     (a) At the start of each school year or at the time a 
  2.23  student enrolls in school, whichever is first, a student's 
  2.24  parent, school staff including those responsible for student 
  2.25  health care and the prescribing medical professional must 
  2.26  develop and implement an individualized written health plan for 
  2.27  a student who is prescribed nonsyringe injectors of epinephrine 
  2.28  that enables the student to: 
  2.29     (1) possess nonsyringe injectors of epinephrine; or 
  2.30     (2) if the parent and prescribing medical professional 
  2.31  determine the student is unable to possess the epinephrine, have 
  2.32  immediate access to nonsyringe injectors of epinephrine in 
  2.33  school. 
  2.34     The plan must designate the school staff responsible for 
  2.35  implementing the student's health plan, including administering 
  2.36  nonsyringe injectors of epinephrine when required, consistent 
  3.1   with section 121A.22, subdivision 2, clause (10).  This health 
  3.2   plan may be included in a student's 504 plan. 
  3.3      (b) A school under this section is a public school under 
  3.4   section 120A.22, subdivision 4, or a nonpublic school, excluding 
  3.5   a home school, under section 120A.22, subdivision 4, that is 
  3.6   subject to the federal Americans with Disabilities Act.  Other 
  3.7   nonpublic schools are encouraged to develop and implement an 
  3.8   individualized written health plan for students requiring 
  3.9   nonsyringe injectors of epinephrine, consistent with this 
  3.10  section and section 121A.22, subdivision 2, clause (10). 
  3.11     (c) A school district and its agents and employees are 
  3.12  immune from liability for any act or failure to act, made in 
  3.13  good faith, in implementing this section, except in cases of 
  3.14  gross negligence or intentional misconduct. 
  3.15     (d) The education commissioner may develop and transmit to 
  3.16  interested schools a model policy and individualized health plan 
  3.17  form consistent with this section and federal 504 plan 
  3.18  requirements.  The policy and form may: 
  3.19     (1) assess a student's ability to safely possess nonsyringe 
  3.20  injectors of epinephrine; 
  3.21     (2) identify staff training needs related to recognizing 
  3.22  anaphylaxis and administering epinephrine when needed; 
  3.23     (3) accommodate a student's need to possess or have 
  3.24  immediate access to nonsyringe injectors of epinephrine in 
  3.25  school; and 
  3.26     (4) ensure that the student's parent provides properly 
  3.27  labeled nonsyringe injectors of epinephrine to the school for 
  3.28  the student as needed.  
  3.29     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
  3.30  2004-2005 school year and later.