Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2690 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to education; modifying requirements for access to epinephrine in schools;
3	3	1.3 amending Minnesota Statutes 2024, sections 121A.22, subdivision 2; 121A.2205;
4	4	1.4 121A.2207.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 121A.22, subdivision 2, is amended to read:
7	7	1.7 Subd. 2.Exclusions.In addition, this section does not apply to drugs or medicine that
8	8	1.8are:
9	9	1.9 (1) purchased without a prescription;
10	10	1.10 (2) used by a pupil who is 18 years old or older;
11	11	1.11 (3) used in connection with services for which a minor may give effective consent,
12	12	1.12including section 144.343, subdivision 1, and any other law;
13	13	1.13 (4) used in situations in which, in the judgment of the school personnel, including a
14	14	1.14licensed nurse, who are present or available, the risk to the pupil's life or health is of such
15	15	1.15a nature that drugs or medicine should be given without delay;
16	16	1.16 (5) used off the school grounds;
17	17	1.17 (6) used in connection with athletics or extra curricular activities;
18	18	1.18 (7) used in connection with activities that occur before or after the regular school day;
19	19	1.19 (8) provided or administered by a public health agency to prevent or control an illness
20	20	1.20or a disease outbreak as provided for in sections 144.05 and 144.12;
21	21	1Section 1.
22	22	25-04678 as introduced03/10/25 REVISOR CR/VJ
23	23	SENATE
24	24	STATE OF MINNESOTA
25	25	S.F. No. 2690NINETY-FOURTH SESSION
26	26	(SENATE AUTHORS: BOLDON)
27	27	OFFICIAL STATUSD-PGDATE
28	28	Introduction and first reading03/17/2025
29	29	Referred to Education Policy 2.1 (9) prescription asthma or reactive airway disease medications self-administered by a
30	30	2.2pupil with an asthma inhaler, consistent with section 121A.221, if the district has received
31	31	2.3a written authorization from the pupil's parent permitting the pupil to self-administer the
32	32	2.4medication, the inhaler is properly labeled for that student, and the parent has not requested
33	33	2.5school personnel to administer the medication to the pupil. The parent must submit written
34	34	2.6authorization for the pupil to self-administer the medication each school year; or
35	35	2.7 (10) epinephrine auto-injectors delivery systems, consistent with section 121A.2205, if
36	36	2.8the parent and prescribing medical professional annually inform the pupil's school in writing
37	37	2.9that (i) the pupil may possess the epinephrine or (ii) the pupil is unable to possess the
38	38	2.10epinephrine and requires immediate access to epinephrine auto-injectors delivery systems
39	39	2.11that the parent provides properly labeled to the school for the pupil as needed.
40	40	2.12 Sec. 2. Minnesota Statutes 2024, section 121A.2205, is amended to read:
41	41	2.13 121A.2205 POSSESSION AND USE OF EPINEPHRINE AUTO-INJECTORS
42	42	2.14DELIVERY SYSTEMS; MODEL POLICY.
43	43	2.15 Subdivision 1.Definitions.As used in this section:
44	44	2.16 (1) "administer" means the direct application of an epinephrine auto-injector delivery
45	45	2.17system to the body of an individual;
46	46	2.18 (2) "epinephrine auto-injector delivery system" means a device that automatically injects
47	47	2.19a premeasured dose of epinephrine medication product approved by the United States Food
48	48	2.20and Drug Administration that automatically delivers a single, premeasured dose of
49	49	2.21epinephrine to prevent or treat a life-threatening allergic reaction; and
50	50	2.22 (3) "school" means a public school under section 120A.22, subdivision 4, or a nonpublic
51	51	2.23school, excluding a home school, under section 120A.22, subdivision 4, that is subject to
52	52	2.24the federal Americans with Disabilities Act.
53	53	2.25 Subd. 2.Plan for use of epinephrine auto-injectors delivery systems.(a) At the start
54	54	2.26of each school year or at the time a student enrolls in school, whichever is first, a student's
55	55	2.27parent, school staff, including those responsible for student health care, and the prescribing
56	56	2.28medical professional must develop and implement an individualized written health plan for
57	57	2.29a student who is prescribed epinephrine auto-injectors delivery systems that enables the
58	58	2.30student to:
59	59	2.31 (1) possess epinephrine auto-injectors delivery systems; or
60	60	2Sec. 2.
61	61	25-04678 as introduced03/10/25 REVISOR CR/VJ 3.1 (2) if the parent and prescribing medical professional determine the student is unable to
62	62	3.2possess the epinephrine, have immediate access to epinephrine auto-injectors delivery
63	63	3.3systems in close proximity to the student at all times during the instructional day.
64	64	3.4 The plan must designate the school staff responsible for implementing the student's
65	65	3.5health plan, including recognizing anaphylaxis and administering epinephrine auto-injectors
66	66	3.6delivery systems when required, consistent with section 121A.22, subdivision 2, clause
67	67	3.7(10). This health plan may be included in a student's 504 plan.
68	68	3.8 (b) Other nonpublic schools are encouraged to develop and implement an individualized
69	69	3.9written health plan for students requiring epinephrine auto-injectors delivery systems,
70	70	3.10consistent with this section and section 121A.22, subdivision 2, clause (10).
71	71	3.11 (c) A school district and its agents and employees are immune from liability for any act
72	72	3.12or failure to act, made in good faith, in implementing this section and section 121A.2207.
73	73	3.13 (d) The education commissioner of education or commissioner of health may develop
74	74	3.14and transmit to interested schools a model policy and individualized health plan form
75	75	3.15consistent with this section and federal 504 plan requirements. The policy and form may:
76	76	3.16 (1) assess a student's ability to safely possess epinephrine auto-injectors delivery systems;
77	77	3.17 (2) identify staff training needs related to recognizing anaphylaxis and administering
78	78	3.18epinephrine when needed;
79	79	3.19 (3) accommodate a student's need to possess or have immediate access to epinephrine
80	80	3.20auto-injectors delivery systems in close proximity to the student at all times during the
81	81	3.21instructional day; and
82	82	3.22 (4) ensure that the student's parent provides properly labeled epinephrine auto-injectors
83	83	3.23delivery systems to the school for the student as needed.
84	84	3.24 (e) Additional epinephrine auto-injectors delivery systems may be available in school
85	85	3.25first aid kits.
86	86	3.26 (f) The school board of the school district must define instructional day for the purposes
87	87	3.27of this section.
88	88	3Sec. 2.
89	89	25-04678 as introduced03/10/25 REVISOR CR/VJ 4.1 Sec. 3. Minnesota Statutes 2024, section 121A.2207, is amended to read:
90	90	4.2 121A.2207 LIFE-THREATENING ALLERGIES IN SCHOOLS; STOCK SUPPLY
91	91	4.3OF EPINEPHRINE AUTO-INJECTORS DELIVERY SYSTEMS.
92	92	4.4 Subdivision 1.Districts and schools permitted to maintain supply.(a) Notwithstanding
93	93	4.5section 151.37, districts and schools may obtain and possess epinephrine auto-injectors
94	94	4.6delivery systems to be maintained and administered by school personnel, including a licensed
95	95	4.7nurse, to a student or other individual if, in good faith, it is determined that person is
96	96	4.8experiencing anaphylaxis regardless of whether the student or other individual has a
97	97	4.9prescription for an epinephrine auto-injector delivery system. The administration of an
98	98	4.10epinephrine auto-injector delivery system in accordance with this section is not the practice
99	99	4.11of medicine.
100	100	4.12 (b) Registered nurses may administer epinephrine auto-injectors delivery systems in a
101	101	4.13school setting according to a condition-specific protocol as authorized under section 148.235,
102	102	4.14subdivision 8. Notwithstanding any limitation in sections 148.171 to 148.285, licensed
103	103	4.15practical nurses may administer epinephrine auto-injectors delivery systems in a school
104	104	4.16setting according to a condition-specific protocol that does not reference a specific patient
105	105	4.17and that specifies the circumstances under which the epinephrine auto-injector delivery
106	106	4.18system is to be administered, when caring for a patient whose condition falls within the
107	107	4.19protocol.
108	108	4.20 Subd. 2.Arrangements with manufacturers.A district or school may enter into
109	109	4.21arrangements with manufacturers of epinephrine auto-injectors delivery systems to obtain
110	110	4.22epinephrine auto-injectors delivery systems at fair-market, free, or reduced prices. A third
111	111	4.23party, other than a manufacturer or supplier, may pay for a school's supply of epinephrine
112	112	4.24auto-injectors delivery systems.
113	113	4.25 Subd. 3.Standing order for distribution and condition-specific protocol.The
114	114	4.26commissioner of health must provide a district or school with a standing order for distribution
115	115	4.27of epinephrine delivery systems under sections 148.235, subdivision 8; and 151.37,
116	116	4.28subdivision 2.
117	117	4Sec. 3.
118	118	25-04678 as introduced03/10/25 REVISOR CR/VJ