February 28, 2013, Introduced by Reps. Lyons, Graves, Haines, Walsh and Lipton and referred to the Committee on Education.
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 a pupil
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.
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
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) 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 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 administration
of an epinephrine auto-injector.
(2) A school board shall develop and implement policies 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 school employee who is a licensed registered
professional nurse 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 school employee who is
a licensed registered professional nurse or 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 school employee who is a licensed registered
professional nurse or who is trained in the administration of an
epinephrine auto-injector under subsection (1) to administer an
epinephrine auto-injector to any other pupil who is believed to be
having an anaphylactic reaction.
(3) A school employee who is a licensed registered
professional nurse or who is trained in the administration of an
epinephrine auto-injector under subsection (1) may possess and
administer an epinephrine auto-injector.