Education; students; students possessing and using inhalers for
   asthma at school; allow and exempt school personnel from
   liability under certain circumstances.

   EDUCATION:  Students; EDUCATION:  Other; EDUCATION:  Employees;
   HEALTH:  Pharmaceuticals




















        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   (MCL 380.1 to 380.1852) by adding section 1179.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 1179.  (1) IF THE CONDITIONS PRESCRIBED IN SUBSECTION

 2    (2) ARE MET, NOTWITHSTANDING ANY SCHOOL OR SCHOOL DISTRICT POLICY

 3    TO THE CONTRARY, A PUPIL OF A PUBLIC SCHOOL OR NONPUBLIC SCHOOL

 4    MAY POSSESS AND USE A METERED DOSE INHALER OR A DRY POWDER

 5    INHALER TO ALLEVIATE ASTHMATIC SYMPTOMS, OR BEFORE EXERCISE TO

 6    PREVENT THE ONSET OF ASTHMATIC SYMPTOMS, AT SCHOOL, ON

 7    SCHOOL-SPONSORED TRANSPORTATION, OR AT ANY ACTIVITY, EVENT, OR

 8    PROGRAM SPONSORED BY OR IN WHICH THE PUPIL'S SCHOOL IS

 9    PARTICIPATING.

10         (2) SUBSECTION (1) APPLIES TO A PUPIL IF ALL OF THE

11    FOLLOWING CONDITIONS ARE MET:


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 1         (A) THE PUPIL HAS WRITTEN APPROVAL TO POSSESS AND USE THE

 2    INHALER AS DESCRIBED IN SUBSECTION (1) FROM THE PUPIL'S PHYSICIAN

 3    AND, IF THE PUPIL IS A MINOR, FROM THE PUPIL'S PARENT OR LEGAL

 4    GUARDIAN.

 5         (B) THE PRINCIPAL OR OTHER CHIEF ADMINISTRATOR OF THE

 6    PUPIL'S SCHOOL HAS RECEIVED A COPY OF EACH WRITTEN APPROVAL

 7    REQUIRED UNDER SUBDIVISION (A) FOR THE PUPIL.

 8         (3) A SCHOOL DISTRICT, NONPUBLIC SCHOOL, MEMBER OF A SCHOOL

 9    BOARD, DIRECTOR OR OFFICER OF A NONPUBLIC SCHOOL, OR EMPLOYEE OF

10    A SCHOOL DISTRICT OR NONPUBLIC SCHOOL IS NOT LIABLE FOR DAMAGES

11    IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROP-

12    ERTY ALLEGEDLY ARISING FROM A PUPIL BEING PROHIBITED BY AN

13    EMPLOYEE OF THE SCHOOL OR SCHOOL DISTRICT FROM USING AN INHALER

14    BECAUSE OF THE EMPLOYEE'S GOOD FAITH BELIEF THAT THE CONDITIONS

15    PRESCRIBED IN SUBSECTION (2) HAD NOT BEEN SATISFIED.  A SCHOOL

16    DISTRICT, NONPUBLIC SCHOOL, MEMBER OF A SCHOOL BOARD, DIRECTOR OR

17    OFFICER OF A NONPUBLIC SCHOOL, OR EMPLOYEE OF A SCHOOL DISTRICT

18    OR NONPUBLIC SCHOOL IS NOT LIABLE FOR DAMAGES IN A CIVIL ACTION

19    FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY ALLEGEDLY ARIS-

20    ING FROM A PUPIL BEING PERMITTED BY AN EMPLOYEE OF THE SCHOOL OR

21    SCHOOL DISTRICT TO USE AN INHALER BECAUSE OF THE EMPLOYEE'S GOOD

22    FAITH BELIEF THAT THE CONDITIONS PRESCRIBED IN SUBSECTION (2) HAD

23    BEEN SATISFIED.  THIS SUBSECTION DOES NOT ELIMINATE, LIMIT, OR

24    REDUCE ANY OTHER IMMUNITY OR DEFENSE THAT A SCHOOL DISTRICT, NON-

25    PUBLIC SCHOOL, MEMBER OF A SCHOOL BOARD, DIRECTOR OR OFFICER OF A

26    NONPUBLIC SCHOOL, OR EMPLOYEE OF A SCHOOL DISTRICT OR NONPUBLIC

27    SCHOOL MAY HAVE UNDER SECTION 1178 OR OTHER STATE LAW.



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 1         (4) AS USED IN THIS SECTION:

 2         (A) "SCHOOL BOARD" INCLUDES A SCHOOL BOARD, INTERMEDIATE

 3    SCHOOL BOARD, OR THE BOARD OF DIRECTORS OF A PUBLIC SCHOOL

 4    ACADEMY.

 5         (B) "SCHOOL DISTRICT" INCLUDES A SCHOOL DISTRICT, INTERMEDI-

 6    ATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY.












































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