Bill Text: MI SB0806 | 2015-2016 | 98th Legislature | Introduced
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.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-12-30 - Assigned Pa 0385'16 [SB0806 Detail]
Download: Michigan-2015-SB0806-Introduced.html
SENATE BILL No. 806
February 17, 2016, Introduced by Senators ZORN, ANANICH, PROOS, KNEZEK, JOHNSON, YOUNG, GREGORY, HERTEL, BIEDA, HOPGOOD, MARLEAU, ROCCA, JONES, HORN, SCHUITMAKER and HOOD 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. 805
of the 98th Legislature is enacted into law.
