Bill Text: MI SB0843 | 2019-2020 | 100th Legislature | Introduced
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-Introduced.html
SENATE BILL NO. 843
March 12, 2020, Introduced by Senator LUCIDO
and referred to the Committee on Health Policy and Human Services.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1178 (MCL 380.1178), as amended by 2019 PA 38.
the people of the state of michigan enact:
Sec. 1178. (1) Subject 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 , or 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 medication, or epinephrine auto-injector, except
for an act or omission amounting to gross negligence or willful and 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.
