Bill Text: MI SB0283 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Education: school districts; authority of school districts and school employees to administer opioid antagonists in the revised school code; repeal. Amends secs. 5 & 1178 of 1976 PA 451 (MCL 380.5 & 380.1178) & repeals sec. 1179b of 1976 PA 451 (MCL 380.1179b). TIE BAR WITH: SB 0200'19, HB 4367'19
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-06-27 - Assigned Pa 0038'19 With Immediate Effect [SB0283 Detail]
Download: Michigan-2019-SB0283-Engrossed.html
SB-0283, As Passed House, June 13, 2019
SB-0283, As Passed Senate, May 22, 2019
SENATE BILL No. 283
April 24, 2019, 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 sections 5 and 1178 (MCL 380.5 and 380.1178), as
amended by 2016 PA 385; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) "Local act school district" means a district
governed by a 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
superintendent of public instruction.
(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 an individual who has received
training
approved by a licensed registered professional nurse in
the
administration of an opioid antagonist would believe to be an
opioid-related
overdose that requires medical assistance.
(6) (8)
"Public school" means a
public elementary or secondary
educational entity or agency that is established under this act or
under other law of this state, has as its primary mission the
teaching and learning of academic and vocational-technical skills
and knowledge, and is operated by a school district, intermediate
school district, school of excellence corporation, public school
academy corporation, strict discipline academy corporation, urban
high school academy corporation, or by the department, the state
board, or another public body. 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.
(7) (9)
"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.
(8) (10)
"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.
(9) (11)
"Qualifying school
district" means a school district
that was previously organized and operated as a first class school
district governed by part 6 that has a pupil membership of less
than 100,000 enrolled on its most recent pupil membership count
day, including, but not limited to, a school district that was
previously organized and operated as a first class school district
before June 21, 2016.
(10) (12)
"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.
(11) (13)
"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.
(12) (14)
"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.
Enacting section 1. Section 1179b of the revised school code,
1976 PA 451, MCL 380.1179b, is repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 3. This amendatory act does not take effect
unless all of the following bills of the 100th Legislature are
enacted into law:
(a) Senate Bill No. 200.
(b) House Bill No. 4367.
