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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1988 

                        CHAPTER 626-S.F.No. 2137 
           An act relating to education; modifying certain 
          requirements relating to school health services; 
          amending Minnesota Statutes 1986, section 123.35, by 
          adding a subdivision; proposing coding for new law in 
          Minnesota Statutes, chapter 126; repealing Minnesota 
          Statutes 1987 Supplement, sections 123.35, subdivision 
          16; and 126.201. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 123.35, is 
amended by adding a subdivision to read: 
    Subd. 17.  [SCHOOL HEALTH SERVICES.] (a) Every school board 
must provide services to promote the health of its pupils. 
    (b) The board of a district with 1,000 pupils or more in 
average daily membership in early childhood family education, 
preschool handicapped, elementary, and secondary programs must 
comply with the requirements of this paragraph.  It may use one 
or a combination of the following methods: 
    (1) employ personnel, including at least one full-time 
equivalent licensed school nurse or continue to employ a 
registered nurse not yet certified as a public health nurse who 
is enrolled in a program that would lead to certification within 
four years of the effective date of this section; 
    (2) contract with a public or private health organization 
or another public agency for personnel during the regular school 
year, determined appropriate by the board, who are currently 
licensed under chapter 148 and who are certified public health 
nurses; or 
    (3) enter into another arrangement approved by the state 
board of education.  
    Sec. 2.  [126.202] [ADMINISTRATION OF DRUGS AND MEDICINE.] 
    Subdivision 1.  [APPLICABILITY.] 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 individual 
education plan of a handicapped child. 
    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. 
    Subd. 2.  [EXCLUSIONS.] In addition, this section does not 
apply to drugs or medicine: 
    (1) that can be purchased without a prescription; 
    (2) that are used by a pupil who is 18 years old or older; 
    (3) that are used in connection with services for which a 
minor may give effective consent, including section 144.343, 
subdivision 1, and any other law; 
    (4) that are 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) that are used off the school grounds; 
     (6) that are used in connection with athletics or extra 
curricular activities; 
    (7) that are used in connection with activities that occur 
before or after the regular school day; or 
    (8) that are provided or administered by a public health 
agency in order to prevent or control an illness or a disease 
outbreak as provided for in sections 144.05 and 144.12. 
    Subd. 3.  [LABELING.] Drugs or medicine subject to this 
section must be in a container with a label prepared by a 
pharmacist according to section 151.212 and applicable rules.  
    Subd. 4.  [ADMINISTRATION.] Drugs and medicine subject to 
this section must be administered in a manner consistent with 
instructions on the label.  Drugs and medicine subject to this 
section must be administered, to the extent possible, according 
to school board procedures that must be developed in 
consultation:  
    (1) with a school nurse, in a district that employs a 
school nurse; 
    (2) with a licensed school nurse, in a district that 
employs a licensed school nurse; 
    (3) with a public or private health or health-related 
organization, in a district that contracts with a public or 
private health or health-related organization, according to 
section 1; or 
    (4) with the appropriate party, in a district that has an 
arrangement approved by the state board of education, according 
to section 1. 
    Subd. 5.  [HANDICAPPED CHILDREN.] For drugs or medicine 
used by handicapped children, administration may be as provided 
in the individual education plan. 
    Subd. 6.  [HEALTH TREATMENTS.] For the purpose of this 
section, special health treatments and health functions, such as 
catheterization, tracheostomy suctioning, and gastrostomy 
feedings, do not constitute administration of drugs or medicine. 
    Sec. 3.  [REPEALER.] 
     Minnesota Statutes 1987 Supplement, section 126.201, is 
repealed the day following final enactment.  Minnesota Statutes 
1987 Supplement, section 123.35, subdivision 16, is repealed 
August 1, 1988. 
    Approved April 24, 1988