ADMINISTRATION OF PUPIL MEDICATION H.B. 5331 (H-1): FLOOR ANALYSIS
House Bill 5331 (Substitute H-1 as reported without amendment)
Sponsor: Representative Richard Ball
House Committee: Health Policy
Senate Committee: Health Policy
CONTENT
The bill would amend the Revised School Code to provide for immunity to a school administrator or employee who administered medication to a pupil according to instructions of a physician's assistant or certified nurse practitioner.
Under the Code, 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 pupil's life or health, in accordance with the written permission of the pupil's parent or guardian and in compliance with a physician's instructions, 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, except for an act or omission of gross negligence or willful and wanton misconduct.
Under the bill, this provision also would apply if the medication were administered in compliance with the instructions of a physician's assistant or certified nurse practitioner.
MCL 380.1178 Legislative Analyst: Julie Koval
FISCAL IMPACT
The bill would have an indeterminate impact on State and local governments to the extent that it would shield them from future potential liability.
Date Completed: 2-15-06 Fiscal Analyst: Joe Carrasco
Stephanie Yu
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5331/0506