HB-5379, As Passed Senate, June 12, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5379
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending section 1179 (MCL 380.1179), as amended by 2013 PA 187.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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) Notwithstanding any school or school district policy to
the contrary, a pupil of a public school or nonpublic school may
possess and use a United States Food and Drug Administration
approved, over-the-counter topical substance at school, on school-
sponsored transportation, or at any activity, event, or program
sponsored by or in which the pupil's school is participating if all
of the following conditions are met:
(a) If the pupil is a minor, the pupil has written approval to
possess and use the United States Food and Drug Administration
approved, over-the-counter topical substance 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 the written approval required under
subdivision (a), if any, for the pupil.
(4) (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 a United
States Food and Drug Administration approved, over-the-counter
topical substance, an inhaler, or an epinephrine auto-injector
because of the employee's reasonable belief formed after a
reasonable and ordinary inquiry that the conditions prescribed in
subsection (2) or (3), as applicable, 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 a United States Food and Drug
Administration approved, over-the-counter topical substance, an
inhaler, or an epinephrine auto-injector because of the employee's
reasonable belief formed after a reasonable and ordinary inquiry
that the conditions prescribed in subsection (2) or (3), as
applicable, 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.
(5) (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 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 epinephrine auto-injector
to school personnel.
(6) (5) A principal or other chief administrator who is aware
that a pupil is in possession of a United States Food and Drug
Administration approved, over-the-counter topical substance, an
inhaler, or an 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.
(7) (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.
(c) "United States Food and Drug Administration approved,
over-the-counter topical substance" includes, but is not limited
to, sunscreen, antimicrobial or antifungal products, external
analgesics including lidocaine, psoriasis or eczema topical
treatments, or any other topical product with a therapeutic effect.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.