1.1 	A bill for an act
1.2 	relating to education; modifying requirements for access to epinephrine in schools;
1.3 	amending Minnesota Statutes 2024, sections 121A.22, subdivision 2; 121A.2205; 
1.4 	121A.2207.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2024, section 121A.22, subdivision 2, is amended to read:
1.7 		Subd. 2.Exclusions. In addition, this section does not apply to drugs or medicine that 
1.8 	are:
1.9 	(1) purchased without a prescription;
1.10 	(2) used by a pupil who is 18 years old or older;
1.11 	(3) used in connection with services for which a minor may give effective consent, 
1.12 	including section 144.343, subdivision 1, and any other law;
1.13 	(4) used in situations in which, in the judgment of the school personnel, including a 
1.14 	licensed nurse, who are present or available, the risk to the pupil's life or health is of such 
1.15 	a nature that drugs or medicine should be given without delay;
1.16 	(5) used off the school grounds;
1.17 	(6) used in connection with athletics or extra curricular activities;
1.18 	(7) used in connection with activities that occur before or after the regular school day;
1.19 	(8) provided or administered by a public health agency to prevent or control an illness 
1.20 	or a disease outbreak as provided for in sections 144.05 and 144.12;
2.1 	(9) prescription asthma or reactive airway disease medications self-administered by a 
2.2 	pupil with an asthma inhaler, consistent with section 121A.221, if the district has received 
2.3 	a written authorization from the pupil's parent permitting the pupil to self-administer the 
2.4 	medication, the inhaler is properly labeled for that student, and the parent has not requested 
2.5 	school personnel to administer the medication to the pupil. The parent must submit written 
2.6 	authorization for the pupil to self-administer the medication each school year; or
2.7 	(10) epinephrine auto-injectors delivery systems, consistent with section 121A.2205, if 
2.8 	the parent and prescribing medical professional annually inform the pupil's school in writing 
2.9 	that (i) the pupil may possess the epinephrine or (ii) the pupil is unable to possess the 
2.10 	epinephrine and requires immediate access to epinephrine auto-injectors delivery systems
2.11 	that the parent provides properly labeled to the school for the pupil as needed.

2.12 	Sec. 2. Minnesota Statutes 2024, section 121A.2205, is amended to read:
2.13 	121A.2205 POSSESSION AND USE OF EPINEPHRINE AUTO-INJECTORS
2.14 	DELIVERY SYSTEMS; MODEL POLICY.
2.15 		Subdivision 1.Definitions. As used in this section:
2.16 	(1) "administer" means the direct application of an epinephrine auto-injector delivery 
2.17 	system to the body of an individual;
2.18 	(2) "epinephrine auto-injector delivery system" means a device that automatically injects 
2.19 	a premeasured dose of epinephrine medication product approved by the United States Food 
2.20 	and Drug Administration that automatically delivers a single, premeasured dose of 
2.21 	epinephrine to prevent or treat a life-threatening allergic reaction; and
2.22 	(3) "school" means a public school under section 120A.22, subdivision 4, or a nonpublic 
2.23 	school, excluding a home school, under section 120A.22, subdivision 4, that is subject to 
2.24 	the federal Americans with Disabilities Act.
2.25 		Subd. 2.Plan for use of epinephrine auto-injectors delivery systems. (a) At the start 
2.26 	of each school year or at the time a student enrolls in school, whichever is first, a student's 
2.27 	parent, school staff, including those responsible for student health care, and the prescribing 
2.28 	medical professional must develop and implement an individualized written health plan for 
2.29 	a student who is prescribed epinephrine auto-injectors delivery systems that enables the 
2.30 	student to:
2.31 	(1) possess epinephrine auto-injectors delivery systems; or
3.1 	(2) if the parent and prescribing medical professional determine the student is unable to 
3.2 	possess the epinephrine, have immediate access to epinephrine auto-injectors delivery 
3.3 	systems in close proximity to the student at all times during the instructional day.
3.4 	The plan must designate the school staff responsible for implementing the student's 
3.5 	health plan, including recognizing anaphylaxis and administering epinephrine auto-injectors
3.6 	delivery systems when required, consistent with section 121A.22, subdivision 2, clause 
3.7 	(10). This health plan may be included in a student's 504 plan.
3.8 	(b) Other nonpublic schools are encouraged to develop and implement an individualized 
3.9 	written health plan for students requiring epinephrine auto-injectors delivery systems, 
3.10 	consistent with this section and section 121A.22, subdivision 2, clause (10).
3.11 	(c) A school district and its agents and employees are immune from liability for any act 
3.12 	or failure to act, made in good faith, in implementing this section and section 121A.2207.
3.13 	(d) The education commissioner of education, in collaboration with the commissioner 
3.14 	of health, may develop and transmit to interested schools a model policy and individualized 
3.15 	health plan form consistent with this section and federal 504 plan requirements. The policy 
3.16 	and form may:
3.17 	(1) assess a student's ability to safely possess epinephrine auto-injectors delivery systems;
3.18 	(2) identify staff training needs related to recognizing anaphylaxis and administering 
3.19 	epinephrine when needed;
3.20 	(3) accommodate a student's need to possess or have immediate access to epinephrine 
3.21 	auto-injectors delivery systems in close proximity to the student at all times during the 
3.22 	instructional day; and
3.23 	(4) ensure that the student's parent provides properly labeled epinephrine auto-injectors
3.24 	delivery systems to the school for the student as needed.
3.25 	(e) Additional epinephrine auto-injectors delivery systems may be available in school 
3.26 	first aid kits.
3.27 	(f) The school board of the school district must define instructional day for the purposes 
3.28 	of this section.

4.1 	Sec. 3. Minnesota Statutes 2024, section 121A.2207, is amended to read:
4.2 	121A.2207 LIFE-THREATENING ALLERGIES IN SCHOOLS; STOCK SUPPLY 
4.3 	OF EPINEPHRINE AUTO-INJECTORS DELIVERY SYSTEMS.
4.4 		Subdivision 1.Districts and schools permitted to maintain supply. (a) Notwithstanding 
4.5 	section 151.37, districts and schools may obtain and possess epinephrine auto-injectors
4.6 	delivery systems to be maintained and administered by school personnel, including a licensed 
4.7 	nurse, to a student or other individual if, in good faith, it is determined that person is 
4.8 	experiencing anaphylaxis regardless of whether the student or other individual has a 
4.9 	prescription for an epinephrine auto-injector delivery system. The administration of an 
4.10 	epinephrine auto-injector delivery system in accordance with this section is not the practice 
4.11 	of medicine.
4.12 	(b) Registered nurses may administer epinephrine auto-injectors delivery systems in a 
4.13 	school setting according to a condition-specific protocol as authorized under section 148.235, 
4.14 	subdivision 8. Notwithstanding any limitation in sections 148.171 to 148.285, licensed 
4.15 	practical nurses may administer epinephrine auto-injectors delivery systems in a school 
4.16 	setting according to a condition-specific protocol that does not reference a specific patient 
4.17 	and that specifies the circumstances under which the epinephrine auto-injector delivery 
4.18 	system is to be administered, when caring for a patient whose condition falls within the 
4.19 	protocol.
4.20 		Subd. 2.Arrangements with manufacturers. A district or school may enter into 
4.21 	arrangements with manufacturers of epinephrine auto-injectors delivery systems to obtain 
4.22 	epinephrine auto-injectors delivery systems at fair-market, free, or reduced prices. A third 
4.23 	party, other than a manufacturer or supplier, may pay for a school's supply of epinephrine 
4.24 	auto-injectors delivery systems.
4.25 		Subd. 3.Standing order for distribution and condition-specific protocol. The 
4.26 	commissioner of health must provide a district or school with a standing order for distribution 
4.27 	of epinephrine delivery systems under sections 148.235, subdivision 8; and 151.37, 
4.28 	subdivision 2.