1.1                          A bill for an act 
  1.2             relating to education; authorizing a school nurse to 
  1.3             administer nonprescription drugs or medications; 
  1.4             amending Minnesota Statutes 1998, section 121A.22, 
  1.5             subdivisions 2 and 3; Minnesota Statutes 1999 
  1.6             Supplement, section 148.235, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, 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)~~ (2) that are used in connection with services for which 
  1.15  a minor may give effective consent, including section 144.343, 
  1.16  subdivision 1, and any other law; 
  1.17     ~~(4)~~ (3) that are used in situations in which, in the 
  1.18  judgment of the school personnel who are present or available, 
  1.19  the risk to the pupil's life or health is of such a nature that 
  1.20  drugs or medicine should be given without delay; 
  1.21     ~~(5)~~ (4) that are used off the school grounds; 
  1.22     ~~(6)~~ (5) that are used in connection with athletics or extra 
  1.23  curricular activities; 
  1.24     ~~(7)~~ (6) that are used in connection with activities that 
  1.25  occur before or after the regular school day; or 
  1.26     ~~(8)~~ (7) that are provided or administered by a public 
  2.1   health agency in order to prevent or control an illness or a 
  2.2   disease outbreak as provided for in sections 144.05 and 144.12. 
  2.3      Sec. 2.  Minnesota Statutes 1998, section 121A.22, 
  2.4   subdivision 3, is amended to read: 
  2.5      Subd. 3.  [LABELING.] Prescription drugs or medicine 
  2.6   subject to this section must be in a container with a label 
  2.7   prepared by a pharmacist according to section 151.212 and 
  2.8   applicable rules.  Nonprescription drugs or medicines must be in 
  2.9   the original container with a label containing use instructions. 
  2.10     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.11  148.235, is amended by adding a subdivision to read: 
  2.12     Subd. 8.  [NONPRESCRIPTION DRUGS IN SCHOOLS.] Nothing in 
  2.13  sections 148.171 to 148.285 prohibits a school nurse from 
  2.14  providing nonprescription drugs or medications to a pupil in a 
  2.15  school upon the request of a parent or guardian of the pupil as 
  2.16  long as the nonprescription drugs or medications are 
  2.17  administered in accordance with section 121A.22.