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HF 748

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; allowing physician-prescribed naturopathic medicine to
be administered with appropriate supervision in schools; amending Minnesota
Statutes 2006, section 121A.22, subdivisions 1, 3, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 121A.22, subdivision 1, is amended to
read:


Subdivision 1.

Applicability.

new text begin (a) new text end This section applies only:

(1) when the parent of a pupil requests school personnel to administer drugs or
medicinenew text begin , including physician-prescribed naturopathic medicine,new text end to the pupil; or

(2) when administration is allowed by the individual education plan of a child with a
disability.

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.

new text begin (b) "Physician-prescribed naturopathic medicine" under this section means
naturopathic medicine, as defined by the federal Food, Drug, and Cosmetic Act, that is
prescribed by a licensed physician or a licensed naturopathic physician.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 121A.22, subdivision 3, is amended to read:


Subd. 3.

Labeling.

Drugs or medicine subject to this sectionnew text begin , except
physician-prescribed naturopathic medicine,
new text end must be in a container with a label prepared
by a pharmacist according to section 151.212 and applicable rules.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 121A.22, subdivision 4, is amended to read:


Subd. 4.

Administration.

new text begin (a) new text end Drugs and medicine subject to this sectionnew text begin , except
physician-prescribed naturopathic medicine,
new text end must be administered in a manner consistent
with instructions on the label. new text begin Physician-prescribed naturopathic medicine must be
administered according to the order of the prescribing physician.
new text end

new text begin (b) new text end 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 121A.21; or

(4) with the appropriate party, in a district that has an arrangement approved by the
commissioner of education, according to section 121A.21.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end