Office of the Revisor of Statutes
SF 2690
Introduction - 94th Legislature (2025 - 2026)
Posted on 07/09/2025 01:51 p.m.
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A bill for an act
relating to education; modifying requirements for access to epinephrine in schools;
amending Minnesota Statutes 2024, sections 121A.22, subdivision 2; 121A.2205;
121A.2207.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 121A.22, subdivision 2, is amended to read:
Subd. 2.
Exclusions.
In addition, this section does not apply to drugs or medicine that
are:
(1) purchased without a prescription;
(2) used by a pupil who is 18 years old or older;
(3) used in connection with services for which a minor may give effective consent,
including section 144.343, subdivision 1, and any other law;
(4) used in situations in which, in the judgment of the school personnel, including a
licensed nurse, who are present or available, the risk to the pupil's life or health is of such
a nature that drugs or medicine should be given without delay;
(5) used off the school grounds;
(6) used in connection with athletics or extra curricular activities;
(7) used in connection with activities that occur before or after the regular school day;
(8) provided or administered by a public health agency to prevent or control an illness
or a disease outbreak as provided for in sections 144.05 and 144.12;
(9) prescription asthma or reactive airway disease medications self-administered by a
pupil with an asthma inhaler, consistent with section 121A.221, if the district has received
a written authorization from the pupil's parent permitting the pupil to self-administer the
medication, the inhaler is properly labeled for that student, and the parent has not requested
school personnel to administer the medication to the pupil. The parent must submit written
authorization for the pupil to self-administer the medication each school year; or
(10) epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end , consistent with section 121A.2205, if
the parent and prescribing medical professional annually inform the pupil's school in writing
that (i) the pupil may possess the epinephrine or (ii) the pupil is unable to possess the
epinephrine and requires immediate access to epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end
that the parent provides properly labeled to the school for the pupil as needed.
Sec. 2.
Minnesota Statutes 2024, section 121A.2205, is amended to read:
121A.2205 POSSESSION AND USE OF EPINEPHRINE deleted text begin AUTO-INJECTORSdeleted text end new text begin
DELIVERY SYSTEMSnew text end ; MODEL POLICY.
Subdivision 1.
Definitions.
As used in this section:
(1) "administer" means the direct application of an epinephrine deleted text begin auto-injectordeleted text end new text begin delivery
systemnew text end to the body of an individual;
(2) "epinephrine deleted text begin auto-injectordeleted text end new text begin delivery systemnew text end " means a deleted text begin device that automatically injects
a premeasured dose of epinephrinedeleted text end new text begin medication product approved by the United States Food
and Drug Administration that automatically delivers a single, premeasured dose of
epinephrine to prevent or treat a life-threatening allergic reactionnew text end ; and
(3) "school" means a public school under section 120A.22, subdivision 4, or a nonpublic
school, excluding a home school, under section 120A.22, subdivision 4, that is subject to
the federal Americans with Disabilities Act.
Subd. 2.
Plan for use of epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end .
(a) At the start
of each school year or at the time a student enrolls in school, whichever is first, a student's
parent, school staff, including those responsible for student health care, and the prescribing
medical professional must develop and implement an individualized written health plan for
a student who is prescribed epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end that enables the
student to:
(1) possess epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end ; or
(2) if the parent and prescribing medical professional determine the student is unable to
possess the epinephrine, have immediate access to epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery
systemsnew text end in close proximity to the student at all times during the instructional day.
The plan must designate the school staff responsible for implementing the student's
health plan, including recognizing anaphylaxis and administering epinephrine deleted text begin auto-injectorsdeleted text end new text begin
delivery systemsnew text end when required, consistent with section 121A.22, subdivision 2, clause
(10). This health plan may be included in a student's 504 plan.
(b) Other nonpublic schools are encouraged to develop and implement an individualized
written health plan for students requiring epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end ,
consistent with this section and section 121A.22, subdivision 2, clause (10).
(c) A school district and its agents and employees are immune from liability for any act
or failure to act, made in good faith, in implementing this section and section 121A.2207.
(d) The deleted text begin educationdeleted text end commissioner new text begin of education or commissioner of health new text end may develop
and transmit to interested schools a model policy and individualized health plan form
consistent with this section and federal 504 plan requirements. The policy and form may:
(1) assess a student's ability to safely possess epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end ;
(2) identify staff training needs related to recognizing anaphylaxis and administering
epinephrine when needed;
(3) accommodate a student's need to possess or have immediate access to epinephrine
deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end in close proximity to the student at all times during the
instructional day; and
(4) ensure that the student's parent provides properly labeled epinephrine deleted text begin auto-injectorsdeleted text end new text begin
delivery systemsnew text end to the school for the student as needed.
(e) Additional epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end may be available in school
first aid kits.
(f) The school board of the school district must define instructional day for the purposes
of this section.
Sec. 3.
Minnesota Statutes 2024, section 121A.2207, is amended to read:
121A.2207 LIFE-THREATENING ALLERGIES IN SCHOOLS; STOCK SUPPLY
OF EPINEPHRINE deleted text begin AUTO-INJECTORSdeleted text end new text begin DELIVERY SYSTEMSnew text end .
Subdivision 1.
Districts and schools permitted to maintain supply.
(a) Notwithstanding
section 151.37, districts and schools may obtain and possess epinephrine deleted text begin auto-injectorsdeleted text end new text begin
delivery systemsnew text end to be maintained and administered by school personnel, including a licensed
nurse, to a student or other individual if, in good faith, it is determined that person is
experiencing anaphylaxis regardless of whether the student or other individual has a
prescription for an epinephrine deleted text begin auto-injectordeleted text end new text begin delivery systemnew text end . The administration of an
epinephrine deleted text begin auto-injectordeleted text end new text begin delivery systemnew text end in accordance with this section is not the practice
of medicine.
(b) Registered nurses may administer epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end in a
school setting according to a condition-specific protocol as authorized under section 148.235,
subdivision 8. Notwithstanding any limitation in sections 148.171 to 148.285, licensed
practical nurses may administer epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end in a school
setting according to a condition-specific protocol that does not reference a specific patient
and that specifies the circumstances under which the epinephrine deleted text begin auto-injectordeleted text end new text begin delivery
systemnew text end is to be administered, when caring for a patient whose condition falls within the
protocol.
Subd. 2.
Arrangements with manufacturers.
A district or school may enter into
arrangements with manufacturers of epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end to obtain
epinephrine deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end at fair-market, free, or reduced prices. A third
party, other than a manufacturer or supplier, may pay for a school's supply of epinephrine
deleted text begin auto-injectorsdeleted text end new text begin delivery systemsnew text end .
new text begin Subd. 3. new text end
new text begin Standing order for distribution and condition-specific protocol. new text end
new text begin
The
commissioner of health must provide a district or school with a standing order for distribution
of epinephrine delivery systems under sections 148.235, subdivision 8; and 151.37,
subdivision 2.
new text end