HB-4353, As Passed House, October 23, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4353

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1178 and 1179 (MCL 380.1178 and 380.1179),

section 1178 as amended by 2006 PA 48 and section 1179 as amended

by 2004 PA 73, and by adding section 1179a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1178. (1) Subject to subsection (2), a school

administrator, teacher, or other school employee designated by the

school administrator, who in good faith administers medication to a

pupil in the presence of another adult or in an emergency that

threatens the life or health of the pupil, pursuant to written

permission of the pupil's parent or guardian, and in compliance

with the instructions of a physician, physician's assistant, or

certified nurse practitioner, or a school employee who in good

faith administers an epinephrine auto-injector to an individual

House Bill No. 4353 (H-2) as amended October 22, 2013

consistent with the policies under section 1179a, is not liable in

a criminal action or for civil damages as a result of an act or

omission in the administration of the medication or epinephrine

auto-injector, except for an act or omission amounting to gross

negligence or willful and wanton misconduct.

     (2) If a school employee is a licensed registered professional

nurse, subsection (1) applies to that school employee regardless of

whether the medication or epinephrine auto-injector is administered

in the presence of another adult.

[(3) A school district, nonpublic school, member of a school board, or director or officer of a nonpublic school is not liable for damages in a civil action for injury, death, or loss to person or property allegedly arising from a person acting under this section.]

     Sec. 1179. (1) If the conditions prescribed in subsection (2)

are met, notwithstanding any school or school district policy to

the contrary, a pupil of a public school or nonpublic school may

possess and use 1 or more of the following at school, on school-

sponsored transportation, or at any activity, event, or program

sponsored by or in which the pupil's school is participating:

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

alleviate asthmatic symptoms or for use before exercise to prevent

the onset of asthmatic symptoms.

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

treat anaphylaxis.

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

conditions are met:

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

inhaler or epinephrine auto-injector as described in subsection (1)

from the pupil's physician or other health care provider authorized

by law to prescribe an inhaler or epinephrine auto-injector and, if

the pupil is a minor, from the pupil's parent or legal guardian.

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

school has received a copy of each written approval required under

subdivision (a) for the pupil.

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

care plan that contains specific instructions for the pupil's

needs, that is prepared by a physician licensed in this state in

collaboration with the pupil and the pupil's parent or legal

guardian, and that is updated as necessary for changing

circumstances.

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

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

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

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

allegedly arising from a pupil being prohibited by an employee of

the school or school district from using an inhaler or epinephrine

auto-injector because of the employee's reasonable belief formed

after a reasonable and ordinary inquiry that the conditions

prescribed in subsection (2) had not been satisfied. A school

district, nonpublic school, member of a school board, director or

officer of a nonpublic school, or employee of a school district or

nonpublic school is not liable for damages in a civil action for

injury, death, or loss to person or property allegedly arising from

a pupil being permitted by an employee of the school or school

district to use or possess an inhaler or epinephrine auto-injector

because of the employee's reasonable belief formed after a

reasonable and ordinary inquiry that the conditions prescribed in

subsection (2) had been satisfied. This subsection does not

House Bill No. 4353 (H-2) as amended October 22, 2013

eliminate, limit, or reduce any other immunity or defense that a

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

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

district or nonpublic school may have under section 1178 or other

state law.

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

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

inhaler or epinephrine auto-injector to designated school personnel

for use in case of emergency. A parent or legal guardian is not

required to provide an extra inhaler or epinephrine auto-injector

to school personnel.

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

a pupil is in possession of an inhaler or epinephrine auto-injector

pursuant to this section shall notify each of the pupil's classroom

teachers of that fact and of the provisions of this section.

     (6) As used in this section and in section 1179a:

     (a) "School board" includes a school board, intermediate

school board, or the board of directors of a public school academy.

     (b) "School district" includes a school district, intermediate

school district, or public school academy.

     Sec. 1179a. (1) [Beginning with the 2014-2015 school year,]A school

 board shall ensure that, in each

school it operates with an instructional and administrative staff

of at least 10, there are at least 2 employees at the school who

have been trained in the appropriate use and administration of an

epinephrine auto-injector and that, in each school it operates with

an instructional and administrative staff of fewer than 10, there

is at least 1 employee at the school who has been trained in the

House Bill No. 4353 (H-2) as amended October 22, 2013

appropriate use and administration of an epinephrine auto-injector.

The training required under this subsection shall be conducted

under the supervision of, and shall include evaluation by, a

licensed registered professional nurse.

     (2) [Not later than the beginning of the 2014-2015 school year,] A

 school board shall develop and implement policies that

are consistent with the department's medication administration

guidelines, as revised under subsection (4), and that provide for

the possession of at least 2 epinephrine auto-injectors in each

school operated by the school board to be used for administration

by a licensed registered professional nurse who is employed or

contracted by the school district or by a school employee who is

trained in the administration of an epinephrine auto-injector under

subsection (1) and is authorized to administer an epinephrine auto-

injector under the policies. The policies shall authorize a

licensed registered professional nurse who is employed or

contracted by the school district or a school employee who is

trained in the administration of an epinephrine auto-injector under

subsection (1) to administer an epinephrine auto-injector to a

pupil who has a prescription on file at the school. The policies

also shall authorize a licensed registered professional nurse who

is employed or contracted by the school district or a school

employee who is trained in the administration of an epinephrine

auto-injector under subsection (1) to administer an epinephrine

auto-injector to any other individual on school grounds who is

believed to be having an anaphylactic reaction. The policies also

shall require notification to the parent or legal guardian of a

pupil to whom an epinephrine auto-injector has been administered.

     (3) A licensed registered professional nurse who is employed

or contracted by the school district or a school employee who is

trained in the administration of an epinephrine auto-injector under

subsection (1) may possess and administer an epinephrine auto-

injector.

     (4) The department, in conjunction with the department of

community health and with input from the Michigan association of

school nurses, the Michigan nurses association, the Michigan parent

teacher association, the American college of allergy, asthma, and

immunology, the Michigan chapter of the American academy of

pediatrics, the school-community health alliance of Michigan, and

other school health organizations and entities, shall identify,

develop, and adopt appropriate revisions to the medication

administration guidelines issued by the department, including, but

not limited to, those relating to the specification of training

needs and requirements for the administration and maintenance of

stock epinephrine auto-injectors, including stocking of both junior

and regular dose epinephrine auto-injectors, as necessary, and

storage requirements.

     (5) At least annually, a school district shall report to the

department, in the form and manner prescribed by the department,

all instances of administration of an epinephrine auto-injector to

a pupil at school. The reporting shall include at least all of the

following:

     (a) The number of instances of administration of an

epinephrine auto-injector to a pupil at school in a school year.

     (b) The number of pupils who were administered an epinephrine

House Bill No. 4353 (H-2) as amended October 22, 2013

auto-injector at school who were not previously known to be

severely allergic.

     (c) The number of pupils who were administered an epinephrine

auto-injector at school using the school's stock of epinephrine

auto-injectors.

[(6) A school board shall attempt to obtain funding or resources from private sources, or from another source other than this state, for fulfilling the requirements of this section. If a school board is unable to obtain this alternative funding for all or part of its costs of complying with this section, the school board may apply to the department for reimbursement for the unfunded costs of complying with this section, in the form and manner prescribed by the department. The legislature shall appropriate funds for making this reimbursement. The department shall make the reimbursement according to the appropriation that is made for this purpose. the department annually shall submit a report to the legislature detailing the number of school boards that apply for reimbursement and the number of school boards that are able to secure alternative funding.]