HB-5087, As Passed Senate, April 1, 2004                                    

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5087

                                                                             A bill to amend 1976 PA 451, entitled                                             

"The revised school code,"                                                  

by amending section 1179 (MCL 380.1179), as added by 2000 PA 10.            

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, 1 or more of the                  

7   following at school, on school-sponsored transportation, or at              

8   any activity, event, or program sponsored by or in which the                

9   pupil's school is participating:  .

10  (a) A metered dose inhaler or a dry powder inhaler to                       

11  alleviate asthmatic symptoms or for use before exercise to                  

1   prevent the onset of asthmatic symptoms.                                    

2       (b) An epinephrine auto-injector or epinephrine inhaler to                  

3   treat anaphylaxis.

4       (2) Subsection (1) applies to a pupil if all of the following               

5   conditions are met:                                                         

6       (a) The pupil has written approval to possess and use the                   

7   inhaler or epinephrine auto-injector as described in subsection             

8   (1) from the pupil's physician or other health care provider                

9   authorized by law to prescribe an inhaler or epinephrine                    

10  auto-injector and, if the pupil is a minor, from the pupil's                

11  parent or legal guardian.                                                   

12      (b) The principal or other chief administrator of the pupil's               

13  school has received a copy of each written approval required                

14  under subdivision (a) for the pupil.                                        

15  (c) There is on file at the pupil's school a written                        

16  emergency care plan that contains specific instructions for the             

17  pupil's needs, that is prepared by a physician licensed in this             

18  state in collaboration with the pupil and the pupil's parent or             

19  legal guardian, and that is updated as necessary for changing               

20  circumstances.

21      (3) A school district, nonpublic school, member of a school                 

22  board, director or officer of a nonpublic school, or employee of            

23  a school district or nonpublic school is not liable for damages             

24  in a civil action for injury, death, or loss to person or                   

25  property allegedly arising from a pupil being prohibited by an              

26  employee of the school or school district from using an inhaler             

27  or epinephrine auto-injector because of the employee's reasonable           

1   belief formed after a reasonable and ordinary inquiry that the              

2   conditions prescribed in subsection (2) had not been satisfied.             

3   A school district, nonpublic school, member of a school board,              

4   director or officer of a nonpublic school, or employee of a                 

5   school district or nonpublic school is not liable for damages in            

6   a civil action for injury, death, or loss to person or property             

7   allegedly arising from a pupil being permitted by an employee of            

8   the school or school district to use or possess an inhaler or               

9   epinephrine auto-injector because of the employee's reasonable              

10  belief formed after a reasonable and ordinary inquiry that the              

11  conditions prescribed in subsection (2) had been satisfied.  This           

12  subsection does not eliminate, limit, or reduce any other                   

13  immunity or defense that a school district, nonpublic school,               

14  member of a school board, director or officer of a nonpublic                

15  school, or employee of a school district or nonpublic school may            

16  have under section 1178 or other state law.                                 

17      (4) As part of its general powers, a school district may                    

18  request a pupil's parent or legal guardian to provide an extra              

19  inhaler or epinephrine auto-injector to designated school                   

20  personnel for use in case of emergency.  A parent or legal                  

21  guardian is not required to provide an extra inhaler or                     

22  epinephrine auto-injector to school personnel.                              

23      (5) A principal or other chief administrator who is aware                   

24  that a pupil is in possession of an inhaler or epinephrine                  

25  auto-injector pursuant to this section shall notify each of the             

26  pupil's classroom teachers of that fact and of the provisions of            

27  this section.                                                               

1       (6) 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,                           

6   intermediate school district, or public school academy.