HF 1394

1st Engrossment - 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; amending Minnesota Statutes 2000, section 
  1.5             121A.22, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 121A.22, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [EXCLUSIONS.] In addition, this section does not 
  1.10  apply to drugs or medicine: 
  1.11     (1) that can be purchased without a prescription; 
  1.12     (2) that are used by a pupil who is 18 years old or older; 
  1.13     (3) that are used in connection with services for which a 
  1.14  minor may give effective consent, including section 144.343, 
  1.15  subdivision 1, and any other law; 
  1.16     (4) that are used in situations in which, in the judgment 
  1.17  of the school personnel who are present or available, the risk 
  1.18  to the pupil's life or health is of such a nature that drugs or 
  1.19  medicine should be given without delay; 
  1.20     (5) that are used off the school grounds; 
  1.21     (6) that are used in connection with athletics or extra 
  1.22  curricular activities; 
  1.23     (7) that are used in connection with activities that occur 
  1.24  before or after the regular school day; or 
  1.25     (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   medication 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, and the parent has not requested school personnel to 
  2.8   administer the medication to the pupil.  The parent must submit 
  2.9   written authorization for the pupil to self-administer the 
  2.10  medication each school year.