Colorado Rights Blog

SB 012: Student Possession Prescription Drugs

Bill Number: SB 012
Year: 2011
ACLU Position: Monitor
Sponsors: Brophey, Massey


The bill eliminates statutory language requiring a student to have a treatment plan before he or she may possess or self-administer medication to treat his or her asthma, food or other allergy, anaphylaxis, or other related, life-threatening condition.

A student may possess and self-administer on school grounds, upon a school bus, or at any school-sponsored event any medication that is prescribed by a physician to be used by the student (prescribed medication). A school district board of education (district board) may adopt a policy that restricts a student from possessing and self-administering a prescribed medication. In adopting such a policy, the district board shall comply with rules promulgated by the state board of education (state board).

On or before January 1, 2012, the state board shall promulgate rules for district boards that wish to adopt policies restricting students' possession and self-administration of prescription medication. The rules shall require that before adopting any such policy, a district board make a determination that a student's possession or self-administration of a prescription medication poses a significant risk of harm to the student or to other students, which risk of harm outweighs the risk posed to the student by the enforcement of the policy.

The rules shall also describe factors that a district board shall consider before making such a determination.

Current Status:

02/18/2011 Senate Second Reading Passed with Amendments
02/08/2011 Senate Second Reading Laid Over Daily
02/03/2011 Senate Committee on Education Refer Amended to Senate Committee of the Whole
01/27/2011 Senate Committee on Education Witness Testimony and/or Committee Discussion Only
01/12/2011 Introduced In Senate - Assigned to Education
02/21/2011 Senate Third Reading Passed with Amendments
02/24/2011 Introduced In House - Assigned to Education

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