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.