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; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 121A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, 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: 
  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; or 
  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.  
  2.12     Sec. 2.  [121A.221] [POSSESSION AND USE OF ASTHMA INHALERS 
  2.13  BY ASTHMATIC STUDENTS.] 
  2.14     (a) In a school district that employs a school nurse or 
  2.15  provides school nursing services under another arrangement, the 
  2.16  school nurse or other appropriate party must assess the 
  2.17  student's knowledge and skills to safely possess and use an 
  2.18  asthma inhaler in a school setting and enter into the student's 
  2.19  school health record a plan to implement safe possession and use 
  2.20  of asthma inhalers. 
  2.21     (b) In a school that does not have a school nurse or school 
  2.22  nursing services, the student's parent or guardian must submit 
  2.23  written verification from the prescribing professional that 
  2.24  documents an assessment of the student's knowledge and skills to 
  2.25  safely possess and use an asthma inhaler in a school setting has 
  2.26  been completed.