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SF 3017

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/27/2018 08:40am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 2nd Engrossment

A bill for an act
relating to education; pharmaceuticals; providing for collection and transportation
of unclaimed drugs or medications;amending Minnesota Statutes 2016, section
121A.22, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 121A.22, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

(a) This section applies only:

(1) when the parent of a pupil requests school personnel to administer drugs or medicine
to the pupil; or

(2) when administration is allowed by the individualized education program of a child
with a disability.

The request of a parent may be oral or in writing. An oral request must be reduced to
writing within two school days, provided that the district may rely on an oral request until
a written request is received.

(b) If the administration of a drug or medication described in paragraph (a) requires the
school to store the drugs or medication, the parent or legal guardian must inform the school
if the drug or medication is a controlled substance. For drugs or medications that are not
controlled substances, the request must include a provision designating the school district
as an authorized entity to transport the drug or medication for the purpose of destruction if
any unused drug or medication is left in the possession of school personnel. For drugs or
medications that are controlled substances, the request must specify that the parent or legal
guardian is required to retrieve the drug when requested by the school.

Sec. 2.

Minnesota Statutes 2016, section 121A.22, is amended by adding a subdivision to
read:


Subd. 4a.

Unclaimed drugs or medications.

(a) Each school district shall adopt a
procedure for the collection and transport of any unclaimed or abandoned prescription drugs
or over-the-counter medications left in the possession of school personnel in accordance
with this subdivision. The procedure must ensure that before the transportation of any
prescription drug under this subdivision, the school district shall make a reasonable attempt
to return the unused prescription drug to the student's parent or legal guardian. The procedure
must provide that transportation of unclaimed or unused prescription drugs or
over-the-counter medications occur at least annually, or more frequently as determined by
the school district.

(b) If the unclaimed or abandoned prescription drug is not a controlled substance as
defined under section 152.01, subdivision 4, or is an over-the-counter medication, the school
district may designate an individual who shall be responsible for transporting these drugs
or medications to a designated drop-off box or collection bin or may request a law
enforcement agency to transport the drugs or medications to a drop-off box or collection
bin on behalf of the school district.

(c) If the unclaimed or abandoned prescription drug is a controlled substance as defined
in section 152.01, subdivision 4, a school district or school personnel is prohibited from
transporting the prescription drug to a drop-off box or collection site for prescription drugs
identified under this paragraph. The school district must request a law enforcement agency
to transport the prescription drug or medication to a collection bin that complies with Drug
Enforcement Agency regulations, or if a bin is not available, under the agency's procedure
for transporting drugs.

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