Bill Text: MI SB0843 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Health: other; immunity from liability for certain school employees who administer an epinephrine auto-injector; modify. Amends sec. 1178 PA 1976 PA 451 (MCL 380.1178).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-12-30 - Assigned Pa 0320'20 With Immediate Effect [SB0843 Detail]
Download: Michigan-2019-SB0843-Chaptered.html
Act No. 320
Public Acts of 2020
Approved by the Governor
December 29, 2020
Filed with the Secretary of State
December 29, 2020
EFFECTIVE DATE: December 29, 2020
state of michigan
100th Legislature
Regular session of 2020
Introduced by Senator Lucido
ENROLLED SENATE BILL No. 843
AN ACT to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1178 (MCL 380.1178), as amended by 2019 PA 38.
The People of the State of Michigan enact:
Sec. 1178. (1) Both of the following apply:
(a) Except as otherwise provided in subdivision (b) and 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 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, except for an act or omission amounting to gross negligence or willful or wanton misconduct.
(b) Subject to subsection (2), a school employee who in good faith administers an epinephrine auto-injector to an individual 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 epinephrine auto-injector, except for an act or omission amounting to willful or 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 in a criminal action or for damages in a civil action for injury, death, or loss to person or property allegedly arising from a person acting under this section.
(4) This section does not eliminate, limit, or reduce any other immunity or defense that a person described under this section may have under other state law.
This act
is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
