Bill Text: MI HB5593 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Education; school districts; allowable delivery mechanisms for the administration of epinephrine in schools; expand. Amends secs. 1178, 1179 & 1179a of 1976 PA 451 (MCL 380.1178 et seq.). TIE BAR WITH: HB 5592'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-02-21 - Bill Electronically Reproduced 02/20/2018 [HB5593 Detail]

Download: Michigan-2017-HB5593-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5593

 

 

February 20, 2018, Introduced by Reps. Tedder, Howrylak and Canfield and referred to the Committee on Health Policy.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

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

 

and 380.1179a), section 1178 as amended by 2016 PA 385 and section

 

1179 as amended and section 1179a as added by 2013 PA 187.

 

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


consistent with the policies under section 1179a or in good faith

 

administers an opioid antagonist to an individual consistent with

 

the policies under section 1179b, 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, epinephrine, auto-injector,

 

or opioid antagonist, 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, epinephrine, auto-injector, or opioid

 

antagonist 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

 

Epinephrine 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 extra 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 extra 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 appropriate use and

 

administration of an epinephrine. auto-injector. The training

 

required under this subsection shall must be conducted under the

 

supervision of, and shall must 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 doses of 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

 

must 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 must 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 must 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 human services and with input from the

 

Michigan association Association of school nurses, School Nurses,

 

the Michigan nurses association, Nurses Association, the Michigan

 

parent teacher association, Parent Teacher Association, the

 

American college College of allergy, asthma, and immunology,

 

Allergy, Asthma, and Immunology, the Michigan chapter of the

 

American academy Academy of pediatrics, Pediatrics, the school-

 

community health alliance 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 doses of 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 must 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

 

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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5592 (request no.

 

05369'18) of the 99th Legislature is enacted into law.

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