Minnesota Legislation

* The following website may be used to search for any MN laws relating to public schools: http://www.revisor.leg.state.mn.us/stats/120.html  Minnesota school nurses should become familiar with the following chapters:

121A.21    School health services
121A.22    Administration of drugs and medicine
121A.221  Possession and use of asthma inhalers by asthmatic students
121A.222  Possession and Use of Nonprescription Pain Relievers by Secondary Students
121A.2205 Possession and Use of Nonsyringe Injectors of Epinephrine; Model Policy
144.29       Health records; children of school age
121A.15    Health standards; immunizations; school children.
121A.17    Early childhood developmental screening
125A.21    IEP Third Party Billing
144.6585   Identification of health care providers (Nametag Requirements)
8710.6100 School Nurse Licensure

2005 Minnesota Statute 121A.222:
A secondary student may possess and use nonprescription pain relief in a manner consistent with the labeling, if the district has received a written authorization from the student's parent or guardian permitting the student to self-administer the medication. The parent or guardian must submit written authorization for the student to self-administer the medication each school year. The district may revoke a student's privilege to possess and use nonprescription pain relievers if the district determines that the student is abusing the privilege. This section does not apply to the possession or use of any drug or product containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients.

2004 Minnesota Statute 121A.2205:
At the start of each school year or at the time a student enrolls in school, whichever is first, a student's parent, school staff, including those responsible for student health care, and the prescribing medical professional must develop and implement an individualized written health plan for a student who is prescribed nonsyringe injectors of epinephrine that enables the student to:

1. possess nonsyringe injectors of epinephrine; or
2. if the parent and prescribing medical professional determine the student is unable to possess the epinephrine, have immediate access to nonsyringe injectors of epinephrine in close proximity to the student at all times during the instructional day.

The plan must designate the school staff responsible for implementing the student's health plan, including recognizing anaphylaxis and administering nonsyringe injectors of epinephrine when required, consistent with section 121A.22, subdivision 2, clause (10). This health plan may be included in a student's 504 plan.

The Medication Administration Task Force, represented by four state agencies- Minnesota Department of Health, Minnesota Department of Education, Minnesota Board of Nursing, and Minnesota Department of Human Services, presented their recommendations to the legislature during the 2005 session and published the document, Minnesota Guidelines for Medication Administration in Schools, May 2005.

For more information on anaphylaxis
You can view Anaphylaxis Legislation: Now What? (PowerPoint format) as presented by Jean Currie, R.N., M.S. at the SNOM Fall Conference (10/04). The presentation is also available in PDF format.

Effective September 2009 parents of children entering kindergarten or 7th grade will need to:

• Show proof their child has either received 2 chickenpox (varicella) shots or has had the disease, OR
• Show proof of a medical exemption signed by the child’s healthcare provider, OR
• File a notarized waiver with their school if they are conscientiously opposed to chickenpox vaccine.

Download a Fact Sheet from MDH regarding these changes

To become a member of the SNOM Legislative Committee, contact Liz Zeno.

Federal Legislation

• Amy Klobuchar   (Democrat) - Link to website and Email address
• Al Franken   (Democrat) - Link to website and Email address

• Write Your Rep Page - Find out who your representative is and link to their website and Email.

Search for Federal Legislative Information on the Internet

The Individuals with Disabilities Education Act (IDEA)
On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act into law. Since then, the U.S. Department of Education has released final regulations for the implementation of IDEA Part B (grants to states for individuals aged 3-21) and proposed regulations for IDEA Part C (Infants and Toddlers with Disabilities program). For more information regarding IDEA and other regulations affecting students with special needs, see the US Department of Education website.