Bill Text: MI HB5379 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Education; school districts; training and local policies concerning administration of opioid antagonists in public schools; provide for. Amends secs. 5 & 1178 of 1976 PA 451 (MCL 380.5 & 380.1178) & adds sec. 1179b. TIE BAR WITH: HB 5378'16

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2016-02-18 - Bill Electronically Reproduced 02/17/2016 [HB5379 Detail]

Download: Michigan-2015-HB5379-Introduced.html

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HOUSE BILL No. 5379

 

February 17, 2016, Introduced by Reps. Brunner, Sheppard, LaVoy, Smiley, Singh, Chirkun, Plawecki, Faris, Schor, Forlini and Lucido and referred to the Committee on Health Policy.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending sections 5 and 1178 (MCL 380.5 and 380.1178), section 5

 

as amended by 2011 PA 232 and section 1178 as amended by 2013 PA

 

187, and by adding section 1179b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. (1) "Local act school district" or "special act school

 

district" means a district governed by a special or local act or

 

chapter of a local act. "Local school district" and "local school

 

district board" as used in article 3 include a local act school

 

district and a local act school district board.

 

     (2) "Membership" means the number of full-time equivalent

 

pupils in a public school as determined by the number of pupils

 

registered for attendance plus pupils received by transfer and

 

minus pupils lost as defined by rules promulgated by the state

 

board.

 

     (3) "Michigan election law" means the Michigan election law,

 

1954 PA 116, MCL 168.1 to 168.992.

 

     (4) "Nonpublic school" means a private, denominational, or

 

parochial school.

 

     (5) "Objectives" means measurable pupil academic skills and

 

knowledge.

 

     (6) "Opioid antagonist" means naloxone hydrochloride or any

 

other similarly acting and equally safe drug approved by the United

 

States Food and Drug Administration for the treatment of drug

 

overdose.

 

     (7) "Opioid-related overdose" means a condition, including,

 

but not limited to, extreme physical illness, decreased level of

 

consciousness, respiratory depression, coma, or death, that results

 

from the consumption or use of an opioid or another substance with

 

which an opioid was combined or that a reasonable person would

 

believe to be an opioid-related overdose that requires medical

 

assistance.

 

     (8) (6) "Public school" means a public elementary or secondary

 

educational entity or agency that is established under this act,

 

has as its primary mission the teaching and learning of academic

 

and vocational-technical skills and knowledge, and is operated by a

 

school district, local act school district, special act school

district, intermediate school district, school of excellence,

 

public school academy corporation, strict discipline academy

 

corporation, urban high school academy corporation, or by the

 

department or state board. Public school also includes a laboratory

 

school or other elementary or secondary school that is controlled

 

and operated by a state public university described in section 4,

 

5, or 6 of article VIII of the state constitution of 1963.

 

     (9) (7) "Public school academy" means a public school academy

 

established under part 6a and, except as used in part 6a, also

 

includes an urban high school academy established under part 6c, a

 

school of excellence established under part 6e, and a strict

 

discipline academy established under sections 1311b to 1311m.

 

     (10) (8) "Pupil membership count day" of a school district

 

means that term as defined in section 6 of the state school aid act

 

of 1979, MCL 388.1606.

 

     (11) (9) "Regular school election" or "regular election" means

 

the election held in a school district, local act school district,

 

or intermediate school district to elect a school board member in

 

the regular course of the terms of that office and held on the

 

school district's regular election date as determined under section

 

642c of the Michigan election law, MCL 168.642c.

 

     (12) (10) "Reorganized intermediate school district" means an

 

intermediate school district formed by consolidation or annexation

 

of 2 or more intermediate school districts under sections 701 and

 

702.

 

     (13) (11) "Rule" means a rule promulgated under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

 

     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, or 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, or 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. 1179b. (1) Subject to this section, beginning with the

2016-2017 school year, a school board may require that, in each

 

school it operates, there is not less than 1 employee at the school

 

who has been trained in the appropriate use and administration of

 

an opioid antagonist. A school board that requires an employee to

 

be trained under this subsection shall ensure that the training is

 

conducted under the supervision of, and includes evaluation by, a

 

licensed registered professional nurse.

 

     (2) A school board that requires an employee to be trained in

 

the use and administration of an opioid antagonist under subsection

 

(1) shall, not later than the beginning of the 2016-2017 school

 

year, develop and implement a policy that is consistent with the

 

department's medication administration guidelines, as revised under

 

subsection (4), and that provides for the possession of not fewer

 

than 1 package of an opioid antagonist 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 opioid antagonist under subsection (1) and is

 

authorized to administer an opioid antagonist under the policy. A

 

policy under this subsection shall 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 opioid antagonist under subsection (1) to administer an

 

opioid antagonist to a pupil or other individual on school grounds

 

who is believed to be having an opioid-related overdose. A policy

 

under this subsection also shall require notification to the parent

 

or legal guardian of a pupil to whom an opioid antagonist 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 opioid antagonist under

 

subsection (1) may possess and administer an opioid antagonist.

 

     (4) The department, in conjunction with the department of

 

health and human services and with input from the Michigan

 

Association of School Nurses, the Michigan Nurses Association, the

 

Michigan Parent Teacher Association, the Michigan chapter of the

 

American Academy of Pediatrics, the 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 opioid antagonists 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 opioid antagonist to a pupil

 

at school. The reporting shall include, but is not limited to, the

 

number of pupils who were administered an opioid antagonist at

 

school using the school's stock of opioid antagonists.

 

     (6) As used in this section:

 

     (a) "School board" includes a school board, intermediate

 

school board, or the directors of a public school academy.

 

     (b) "School district" includes a school district, intermediate

school district, or public school academy.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.____ (request no.

 

04231'15) of the 98th Legislature is enacted into law.