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Office of the Revisor of Statutes

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

                            CHAPTER 84-S.F.No. 1706 
                  An act relating to education; allowing public 
                  elementary and secondary school students to possess 
                  and use asthma medications; amending Minnesota 
                  Statutes 2000, section 121A.22, subdivision 2; 
                  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 2000, section 121A.22, 
        subdivision 2, is amended to read: 
           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; or 
           (9) that are 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.  
           Sec. 2.  [121A.221] [POSSESSION AND USE OF ASTHMA INHALERS 
        BY ASTHMATIC STUDENTS.] 
           (a) In a school district that employs a school nurse or 
        provides school nursing services under another arrangement, the 
        school nurse or other appropriate party must assess the 
        student's knowledge and skills to safely possess and use an 
        asthma inhaler in a school setting and enter into the student's 
        school health record a plan to implement safe possession and use 
        of asthma inhalers. 
           (b) In a school that does not have a school nurse or school 
        nursing services, the student's parent or guardian must submit 
        written verification from the prescribing professional that 
        documents an assessment of the student's knowledge and skills to 
        safely possess and use an asthma inhaler in a school setting has 
        been completed. 
           Presented to the governor May 8, 2001 
           Signed by the governor May 10, 2001, 2:53 p.m.