Medication in Schools: Laws, Rules, Regulations
School Health Services Laws and Rules
The School Health Services Laws and Rules document provides resources and links to Minnesota laws and administrative rules, federal laws, and regulations. This is not an exhaustive list, however, best represents the most commons laws related to school nursing practice and school health services in Minnesota. This resource is not substitute for and does not constitute legal advice. Schools and personnel are directed to consult with their local legal resources with questions, concerns, or interpretation.
Medication administration in schools is a complex issue in part because it intersects health laws and education laws. The laws give guidance and set a foundation for the process that local school districts use to develop, staff, and maintain a safe system for medication administration.
Federal Laws
Federal laws emphasize (1) the rights of students with special needs, medical or otherwise, to have access to and to be educated in public schools, and (2) the sensitive topic of records, including family access to education and health records in schools.
State and federal requirements ensure privacy of student education, health, and medication records, and restrict the sharing of that information. Once a parent/legal guardian disclose health information to the school, it becomes private educational data (but still health information); it is the school district’s responsibility to protect the data, make sure that school employees who need the health information have it, and guarantee that staff are trained in and follow appropriate data privacy practices. Data Privacy in school health provides additional information and detail.
State Laws
State laws pertain to school systems, health care practice, records, and individual rights. These laws focus on access to education and data; the provision of school health services; the establishment of local school district medication policies; the rights of students; regulation of health care providers, such as nurses, physicians, and pharmacists; access to care by students; emergency care; and protection of children.
These MN statutes provide the foundation for MN guidelines for medication administration.
121A.22 ADMINISTRATION OF DRUGS AND MEDICINE.
121A.2205 POSSESSION AND USE OF EPINEPHRINE AUTO-INJECTORS; MODEL POLICY.
121A.2207 LIFE-THREATENING ALLERGIES IN SCHOOLS; STOCK SUPPLY OF EPINEPHRINE AUTO-INJECTORS.
121A.221 POSSESSION AND USE OF ASTHMA INHALERS BY ASTHMATIC STUDENTS.
121A.222 POSSESSION AND USE OF NONPRESCRIPTION PAIN RELIEVERS BY SECONDARY STUDENTS.
121A.224 OPIATE ANTAGONISTS.
State of Minnesota Office of the Attorney General Letter (February 14, 2000)
In 2000, the Attorney General was asked to provide an opinion as to whether school nurses could provide over the counter (OTC) medications to students upon a parent’s request, even without a physician’s order. The State of Minnesota Office of the Attorney General Letter concludes, “this office concludes that school nurses do have the authority to provide over-the-counter medications to students upon a parent's request, even without a physician's order. It is important to note, however, that the school nurse has the ultimate authority and responsibility to reject a parent's request and to decline to administer an over-the- counter medication if the nurse believes that such medication is unnecessary, inappropriate, or could lead to patient harm. Further, school districts retain independent authority to implement policies that govern the administration of non-prescription drugs by school nurses. A school district, or an individual nurse, could choose to adopt a policy that requires a physician's order before a school nurse administers a non-prescription medication to a student.”
Resource
Resha, C. A. & Tallaferro, V. L. (Eds.). 2024. Legal Resource for School Health Services Second Edition. (Pohlman, K.J. Legal Consultant). SchoolNurse.com