Bill Text: MI SB0827 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Education; school districts; filing, storage, and notice rules regarding do-not-resuscitate orders and comfort or care plans and limitation of liability for providing a comfort or care measure; create. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding secs. 1180 & 1181. TIE BAR WITH: SB 0784'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-12 - Referred To Committee On Judiciary [SB0827 Detail]
Download: Michigan-2017-SB0827-Engrossed.html
SB-0827, As Passed Senate, June 12, 2018
SUBSTITUTE FOR
SENATE BILL NO. 827
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding sections 1180 and 1181.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1180. (1) The administrator of a public or nonpublic
school, or his or her designee, who receives a copy of a do-not-
resuscitate order executed under section 3a or 3b of the Michigan
do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1053a and
333.1053b, from a guardian or parent of a pupil shall ensure that
all of the following are met:
(a) The do-not-resuscitate order must be placed in the pupil's
school file and in a file created specifically for a do-not-
resuscitate order that is stored in all of the same locations in
which an individualized education program is stored, regardless of
whether the order pertains to a pupil with an individualized
education program.
(b) All parties that receive notice of an individualized
education program must receive notice of a do-not-resuscitate order
for a pupil with or without an individualized education program.
(c) If the administrator, or his or her designee, received a
do-not-resuscitate order for a pupil during the immediately
preceding school year, the administrator, or his or her designee,
shall inquire of the pupil's parent or guardian at the beginning of
the school year to determine if the order is still in effect.
(d) The administrator, or his or her designee, shall make the
do-not-resuscitate order available to each teacher or other school
employee who provides instructional or noninstructional services
directly to the pupil.
(2) All parties entitled to notice of an individualized
education program must receive notice of a revocation of a do-not-
resuscitate order, regardless of whether the revocation pertains to
a pupil with an individualized education program.
(3) A school administrator, teacher, or other school employee
designated by the school administrator, who in good faith
administers a comfort care measure to a pupil, or refuses to
perform resuscitation on a pupil in compliance with a do-not-
resuscitate order, in an emergency that threatens the life or
health of the pupil is not liable in a criminal action or for civil
damages as a result of an act or omission in the administration of
the comfort care measure, or the refusal to perform resuscitation,
except for an act or omission amounting to gross negligence or
willful and wanton misconduct.
(4) An individual shall comply with section 11(3) of the
Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL
333.1061.
(5) A school district, intermediate school district, public
school academy, nonpublic school, member of a school board, or
director or officer of a public school academy or nonpublic school
is not liable for damages in a civil action for injury, death, or
loss to an individual or property allegedly arising from an
individual acting under this section.
(6) This section shall not be construed to create a right to
an individualized education program.
(7) As used in this section:
(a) "Comfort care measure" means a treatment designed by the
physician issuing a do-not-resuscitate order for a pupil to ensure
the pupil's mental and physical comfort in circumstances in which
resuscitation is not attempted. Comfort care measure does not
include the routine provision of medications, treatment, or
procedures.
(b) "Do-not-resuscitate order" or "order" means that term as
defined in section 2 of the Michigan do-not-resuscitate procedure
act, 1996 PA 193, MCL 333.1052.
(c) "Individualized education program" means that term as
defined in section 1704.
Sec. 1181. (1) The administrator of a public or nonpublic
school, or his or her designee, who receives a copy of a POST form
from a parent or guardian of a pupil shall ensure that all of the
following are met:
(a) The POST form must be placed in the pupil's school file
and in a file created specifically for a POST form that is stored
in all of the same locations in which an individualized education
program is stored, regardless of whether the form pertains to a
pupil with an individualized education program.
(b) All parties that receive notice of an individualized
education program must receive notice of a POST form for a pupil
with or without an individualized education program.
(c) If the administrator, or his or her designee, received a
POST form for a pupil during the immediately preceding school year,
the administrator, or his or her designee, shall inquire of the
pupil's parent or legal guardian at the beginning of the school
year to determine if the POST form is still in effect and shall
request an updated copy of the form, if applicable.
(d) The administrator, or his or her designee, shall make the
POST form available to each teacher or other school employee who
provides instructional or noninstructional services directly to the
pupil.
(e) For a pupil with an individualized education program, the
administrator, or his or her designee, shall inquire of the pupil's
parent or legal guardian if any changes were made to the POST form
each time the individualized education program is updated.
(2) The administrator of a public or nonpublic school, or his
or her designee, who receives actual notice that a POST form
described in subsection (1) has been revoked shall immediately make
the revocation part of the pupil's school file and place the
revocation in the file created under subsection (1)(a). All parties
entitled to notice of an individualized education program must
receive notice of a revocation of a POST form, regardless of
whether the revocation pertains to a pupil with an individualized
education program.
(3) A school administrator, teacher, or other school employee
designated by the school administrator, who in good faith provides
medical treatment to a pupil that is consistent with the pupil's
POST form in an emergency that threatens the life or health of the
pupil, is not liable in a criminal action or for civil damages as a
result of an act or omission in the provision of the medical
treatment except for an act or omission amounting to gross
negligence or willful and wanton misconduct.
(4) A school district, intermediate school district, public
school academy, nonpublic school, member of a school board, or
director or officer of a public school academy or nonpublic school
is not liable for damages in a civil action for injury, death, or
loss to an individual or property allegedly arising from an
individual acting under this section.
(5) This section shall not be construed to create a right to
an individualized education program.
(6) As used in this section:
(a) "Individualized education program" means that term as
defined in section 1704.
(b) "POST form" means that term as defined in section 5674 of
the public health code, 1978 PA 368, MCL 333.5674.
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. 784 of the 99th Legislature is enacted into
law.
