Bill Text: MI SB0806 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
SB-0806, As Passed House, December 14, 2016
SB-0806, As Passed Senate, October 20, 2016
SUBSTITUTE FOR
SENATE BILL NO. 806
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 2016 PA 192 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" 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.
(8) (6)
"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.
(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)
"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
the effective date of the amendatory act that added this
subsection.June 21, 2016.
(12) (10)
"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.
(13) (11)
"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.
(14) (12)
"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
2017-2018 school year, a school board may require that, in each
school it operates, there are not fewer than 2 employees at the
school who have 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 has been approved 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 2017-2018 school
year, develop and implement a policy that does all of the
following:
(a) Is consistent with the department's medication
administration guidelines, as revised under subsection (4).
(b) 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.
(c) Authorizes 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.
(d) Requires school personnel to notify the parent or legal
guardian of a pupil to whom an opioid antagonist has been
administered. The policy shall also require school personnel to,
when notifying the parent or legal guardian, encourage the parent
or legal guardian to seek treatment for the pupil from a substance
use disorder services program licensed under part 62 of the public
health code, 1978 PA 368, MCL 333.6230 to 333.6251.
(e) Requires school personnel to call 9-1-1 if a pupil is
believed to be having an opioid-related overdose.
(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 board of 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.
