I.    Purpose

The purpose of this policy is to set forth the provisions that must be followed when administering non-emergency prescription and/or over the counter medication to students at school. For the purpose of this policy, medication will refer to any prescription or non-prescription (over-the-counter) drug.

II.    General Statement of Policy

III.    Requirements

A. The administration of any medication or drugs at school requires a completed signed request from the student’s parent and health care professional as well as the appropriate prescription label and container.

B.    A “Procedures for Dispensing Medicine at School” form must be completed annually (once per school year) and/or when a change in the prescription or requirements for administration occurs.

C.    All medication must come to school in the original container. Further, prescription medication must be labeled for the student by a pharmacist in accordance with law, and must be administered in a manner consistent with the instructions on the label.

D.    The licensed school nurse may request to receive further information about the medication, if needed, prior to administration of the substance.

E.    Upon arrival at school, students will leave medications with the appropriate school district personnel. Exceptions to this requirement are: prescription asthma medications self-administered with an inhaler (See Part J.5 below), and medications administered as noted in a written agreement between the school district and the parent or as specified in an IEP (individual education plan) or IHP (individual health plan or section 504 plan).

F.    The school must be notified immediately by the parent or student 18 years old or older in writing of any change in the student's prescription medication administration. A new medical authorization or container label with new pharmacy instructions shall be required immediately as well.

G.    For drugs or medicine used by children with a disability, administration may be as provided in the IEP, Section 504 plan or IHP.

H.    The licensed school nurse, or other designated person, shall be responsible for the filing of the Procedures for Dispensing Medicine at School form in the health records section of the student file. The school nurse, or other designated person, shall be responsible for providing a copy of such form to the principal and to other personnel designated to administer the medication.

I.    Procedures for administration of drugs and medicine at school and school activities shall be developed in consultation with a licensed school nurse, or a public or private health organization or other appropriate party (if appropriately contracted by the school district under Minn. Stat. §121A.21). The school district administration shall submit these procedures and any additional guidelines and procedures necessary to implement this policy to the school board for approval. Upon approval by the school board, such guidelines and procedures shall be an addendum to this policy.

J.    Specific Exceptions:

1.    Special health treatments and health functions such as but not limited to catherization, tracheotomy suctioning, and gastrostomy feedings do not constitute administration of drugs and medicine;
2.    Emergency health procedures, including emergency administration of drugs and medicine are not subject to this policy;
3.    Drugs or medicine provided or administered by a public health agency to prevent or control an illness or a disease outbreak are not governed by this policy.
4.    Drugs or medicines used at school in connection with services for which a minor may give effective consent are not governed by this policy;
5.    Drugs or medicines that are prescription asthma or reactive airway disease medications can be self-administered by a student with an asthma inhaler if:

a)    The school district must receive annual written authorization from the pupil’s parent permitting the student to self-administer the medication, and
b)    The district must receive annual written orders from the attending physician for the inhaler with a statement that the student may self-medicate, and
c)    The inhaler is properly labeled for that student.

6.    Epinephrine Prescriptions: 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:

a)     possess nonsyringe injectors of epinephrine; or
b)    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.

7.    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 state law. This health plan may be included in a student’s § 504 plan.
8.    Nonprescription Medication. A secondary student may possess and use nonprescription pain relief in a manner consistent with the labeling, if the school 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 school district may revoke a student’s privilege to possess and use nonprescription pain relievers if the school district determines that the student is abusing the privilege. This provision 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.

K. An adult student (age 18 years of age or older) is not required to submit parent/guardian signatures but instead may provide signature for self.

Legal References:   

Minn. Stat. §13.32 (Student Health Data)
Minn. Stat. §121A.22 (Administration of Drugs and Medicine)
Minn. Stat. §121A.21 (Hiring of Health Personnel)
Minn. Stat. §121A.221 (Possession and Use of Asthma Inhalers by Asthmatic Students)
Minn. Stat. §121A.222 (Possession and Use of Nonprescription Pain Relievers by Secondary Students)
Minn. Stat. §151.212 (Label of Prescription Drug Containers)
20 U.S.C.§1400, et seq. (Individuals with Disabilities Education Improvement Act of 2004)
29 U.S.C. § 794, et. seq. (Rehabilitation Act of 1973, § 504)

Cross References: