121A.22 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 child with a
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 that are:
(1) purchased without a prescription;
(2) used by a pupil who is 18 years old or older;
(3) used in connection with services for which a minor may give effective consent, including
144.343, subdivision 1
, and any other law;
(4) 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) used off the school grounds;
(6) used in connection with athletics or extra curricular activities;
(7) used in connection with activities that occur before or after the regular school day;
(8) provided or administered by a public health agency to prevent or control an illness or a
disease outbreak as provided for in sections
(9) 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; or
(10) prescription nonsyringe injectors of epinephrine, consistent with section
the parent and prescribing medical professional annually inform the pupil's school in writing that
(i) the pupil may possess the epinephrine or (ii) the pupil is unable to possess the epinephrine and
requires immediate access to nonsyringe injectors of epinephrine that the parent provides properly
labeled to the school for the pupil as needed.
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
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
(4) with the appropriate party, in a district that has an arrangement approved by the
commissioner of education, according to section
Subd. 5. Children with a disability.
For drugs or medicine used by children with a disability,
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.
History: 1988 c 626 s 2; 1991 c 265 art 3 s 38; 1998 c 397 art 3 s 103; art 11 s 3; 1998 c
398 art 5 s 55; 2001 c 84 s 1; 2003 c 130 s 12; 2004 c 294 art 2 s 6