Medical Amnesty Procedure (Draft)

Purpose:

This procedure describes how medical amnesty is implemented at Winona State University (WSU). Medical amnesty applies only to alcohol and/or drug related medical emergencies and does not apply to other prohibited conduct such as assault, property damage, or distribution of illicit substances.

Rationale for Revision and Major Changes:

(This is for stakeholder review, not for publishing)

This procedure draft is a proposed update for a legacy regulation:

• WSU 4-6 Student Medical Amnesty Regulation

This procedure now designates the Dean of Students as the primary administrator responsible for addressing student medical amnesty issues. This version of the procedure removes references to FERPA and WSU’s option to notify parents or other family members of the incident. It more clearly defines eligibility and steps to be taken.

Suggested Stakeholder feedback deadline:

Feedback should be provided using this WSU form by 11/01/2024.

Procedure:

A. Eligibility

Medical amnesty applies both to persons receiving emergency medical attention and to individuals seeking medical assistance on behalf of someone else, whether the incident takes place on or off campus.

B. Receiving Assistance for Self

Persons who receive emergency medical attention and are hospitalized as a direct result of the use of alcohol and/or drugs are eligible for medical amnesty with the following conditions:

1. The recipients of emergency medical attention are required to attend a meeting with the Dean of Students and/or designee within five (5) instructional days of the incident and comply with any recommendations prescribed by that office.
2. Students may be required to participate in an appropriate educational program or utilize additional resources as determined by the Dean of Students.
3. If the Dean or designee determines that the student qualifies for medical amnesty, no disciplinary action will be issued from the Office of Student Conduct & Citizenship.
4. A student who receives emergency medical assistance as a result of alcohol or drug use may apply for medical amnesty once during the time they are enrolled at WSU.

C. Seeking Assistance for Others

Other individual students or student organizations who seek emergency assistance on behalf of others or who assist with the emergency are eligible for amnesty with the following conditions:

• Those seeking assistance for others are required to attend a meeting with the Dean of Students and/or designee within five (5) instructional days of the incident and comply with any recommendations prescribed by that office.
• Students may be required to participate in an appropriate educational program or utilize additional resources as determined by the Dean of Students.

If the Dean or designee determines that the student qualifies for medical amnesty, no disciplinary action will be issued from the Office of Student Conduct & Citizenship.

WSU does not limit the number of times a student can seek amnesty while assisting others during an emergency.

Related documents:

• Minnesota Statute 340A.503 (Persons Under 21; Illegal Acts)
• Minnesota State Policy 1B.1 (Equal Opportunity and Nondiscrimination in Employment and Education)
• Minnesota State Policy 1B.3 (Sexual Violence Policy)
• Winona State University Alcohol and Other Drug Policy
• Winona State University Student Conduct Code

Related definitions:

[4-6] Medical Amnesty:

A Minnesota statute that provides immunity to minors seeking medical assistance for themselves or others who are incapacitated due to drug or alcohol use.

Authorizing Policy:

• 4-6 Medical Amnesty Policy (Draft)

History:

Adoption date: 04/09/2012
Implementation date: 01/01/2099