HF 688

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2013 08:16pm

A bill for an act
relating to education; allowing schools to maintain a supply of epinephrine
auto-injectors; providing immunity from liability; amending Minnesota Statutes
2012, sections 121A.22, subdivision 2; 121A.2205; 604A.31, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, 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 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 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) deleted text begin prescription nonsyringe injectors of deleted text end epinephrine new text begin auto-injectors new 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 deleted text begin nonsyringe injectors
of deleted text end epinephrine new text begin auto-injectors new text end that the parent provides properly labeled to the school for
the pupil as needed new text begin , or consistent with section 121A.2207 new text end .

Sec. 2.

Minnesota Statutes 2012, section 121A.2205, is amended to read:

121A.2205 POSSESSION AND USE OF deleted text begin NONSYRINGE INJECTORS OF
deleted text end EPINEPHRINE new text begin AUTO-INJECTORS new text end ; MODEL POLICY.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
new text end

new text begin (1) "administer" means the direct application of an epinephrine auto-injector to
the body of an individual;
new text end

new text begin (2) "epinephrine auto-injector" means a device that automatically injects a
premeasured dose of epinephrine;
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Plan for use of epinephrine auto-injectors. new 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 deleted text begin nonsyringe injectors of deleted text end epinephrine new text begin auto-injectors new text end that enables
the student to:

(1) possess deleted text begin nonsyringe injectors of deleted text end epinephrine new text begin auto-injectors new text end ; or

(2) if the parent and prescribing medical professional determine the student is unable
to possess the epinephrine, have immediate access to deleted text begin nonsyringe injectors of deleted text end epinephrine
new text begin auto-injectors new 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 deleted text begin nonsyringe injectors of
deleted text end epinephrine new text begin auto-injectors new 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) deleted text begin A school under this section is 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. deleted text end Other nonpublic schools are
encouraged to develop and implement an individualized written health plan for students
requiring deleted text begin nonsyringe injectors of deleted text end epinephrine new text begin auto-injectors new 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.

(d) The education commissioner 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 deleted text begin nonsyringe injectors of deleted text end epinephrine
new text begin auto-injectors new 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 deleted text begin nonsyringe
injectors of deleted text end epinephrine new text begin auto-injectors new 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 deleted text begin nonsyringe injectors of
deleted text end epinephrine new text begin auto-injectors new text end to the school for the student as needed.

(e) Additional deleted text begin nonsyringe injectors of deleted text end epinephrine new text begin auto-injectors new 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.

new text begin [121A.2207] LIFE-THREATENING ALLERGIES IN SCHOOLS;
GUIDELINES; STOCK SUPPLY OF EPINEPHRINE AUTO-INJECTORS;
EMERGENCY ADMINISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Districts and schools permitted to maintain supply. new text end

new text begin (a)
Notwithstanding section 151.37, districts and schools may obtain and possess epinephrine
auto-injectors to be maintained and administered according to this section. A district or
school may maintain a stock supply of epinephrine auto-injectors.
new text end

new text begin (b) For purposes of this section, "district" means a district as defined under section
121A.41, subdivision 3, or a school site or facility within the district, and "school" means
a charter school as defined under section 124D.10.
new text end

new text begin Subd. 2. new text end

new text begin Use of supply. new text end

new text begin (a) A district or school may authorize school nurses and
other designated school personnel trained under this section to administer an epinephrine
auto-injector to any student or other individual based on guidelines under subdivision 4,
regardless of whether the student or other individual has a prescription for an epinephrine
auto-injector if:
new text end

new text begin (1) the school nurse or designated person believes in good faith that an individual
is experiencing anaphylaxis; and
new text end

new text begin (2) the person experiencing anaphylaxis is on school premises or off school premises
at a school-sponsored event.
new text end

new text begin (b) The administration of an epinephrine auto-injector in accordance with this
section is not the practice of medicine.
new text end

new text begin Subd. 3. new text end

new text begin Arrangements with manufacturers. new text end

new text begin A district or school may enter into
arrangements with manufacturers of epinephrine auto-injectors to obtain epinephrine
auto-injectors 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 auto-injectors.
new text end

new text begin Subd. 4. new text end

new text begin District and school policies required for use of epinephrine
auto-injector. new text end

new text begin A district or school permitting administration of epinephrine auto-injectors
pursuant to subdivision 2 shall develop guidelines in a manner consistent with section
121A.22, subdivision 4, and plan for implementation of the guidelines, which shall
include: (1) annual education and training for designated school personnel on the
management of students with life-threatening allergies, including training related to
the administration of an epinephrine auto-injector; (2) procedures for identification of
anaphylaxis and responding to life-threatening allergic reactions; and (3) a plan to ensure
that epinephrine auto-injectors maintained at the school are not expired. In developing the
guidelines, the district or school must consider applicable model rules and include input
from interested community stakeholders. The guidelines must include a requirement to call
emergency medical services and inform the individual's parent, guardian, or emergency
contact when an epinephrine auto-injector is administered. Each district and school shall
make the guidelines and plan available on its Web site, or if such Web sites do not exist,
make the plan publicly available through other practicable means as determined by the
district or school. Upon request, a printed copy of the guidelines and plan must be made
available at no charge. Each district and school shall maintain a log of each incident at a
school or related school event involving the administration of an epinephrine auto-injector.
new text end

new text begin Subd. 5. new text end

new text begin Immunity from liability. new text end

new text begin A district or school and its employees and
agents, including a physician, advanced practice registered nurse, or physician assistant
providing a prescription or standing protocol for school epinephrine auto-injectors, is
immune from liability for any act or failure to act, made in good faith, in implementing
this section. The immunity from liability provided under this subdivision is in addition
to and not in lieu of that provided under section 604A.01.
new text end

Sec. 4.

Minnesota Statutes 2012, section 604A.31, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Administration of epinephrine auto-injectors. new text end

new text begin Districts and schools and
other persons involved in the development of protocols, providing prescriptions, and the
administration of epinephrine auto-injectors are immune from liability as provided in
section 121A.2207, subdivision 5.
new text end