SB-0335, As Passed Senate, September 6, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 335

     A bill to amend 1973 PA 116, entitled

"An act to provide for the protection of children through the

licensing and regulation of child care organizations; to provide

for the establishment of standards of care for child care

organizations; to prescribe powers and duties of certain

departments of this state and adoption facilitators; to provide

penalties; and to repeal acts and parts of acts,"

(MCL 722.111 to 722.128) by adding section 17a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 17a. (1) If the conditions prescribed in subsection (2)

are met, notwithstanding any children's camp policy to the

contrary, a minor child may possess and use 1 or more of the

following at the children's camp, on camp-sponsored transportation,

or at any activity, event, or program sponsored by the children's

camp or in which the minor child is participating:

     (a) A metered dose inhaler or a dry powder inhaler to

alleviate asthmatic symptoms or for use before exercise to prevent

the onset of asthmatic symptoms.

     (b) An epinephrine auto-injector or epinephrine inhaler to

treat anaphylaxis.

     (2) Subsection (1) applies to a minor child if all of the

following conditions are met:

     (a) The minor child has written approval to possess and use

the inhaler or epinephrine auto-injector as described in subsection

(1) from the minor child's physician or other health care provider

authorized by law to prescribe an inhaler or epinephrine auto-

injector and from the minor child's parent or legal guardian.

     (b) The director or other chief administrator of the minor

child's camp has received a copy of each written approval required

under subdivision (a) for the minor child.

     (c) There is on file at the children's camp a written

emergency care plan that contains specific instructions for the

minor child's needs, that is prepared by a licensed physician in

collaboration with the minor child and the minor child's parent or

legal guardian, and that is updated as necessary for changing

circumstances.

     (3) A children's camp or an owner, director, or employee of a

children's camp is not liable for damages in a civil action for

injury, death, or loss to person or property allegedly arising from

either of the following:

     (a) An employee of the children's camp having prohibited a

minor child from using an inhaler or epinephrine auto-injector

because the conditions prescribed in subsection (2) had not been

satisfied.

     (b) An employee of the children's camp having permitted a

minor child to use or possess an inhaler or epinephrine auto-

injector because the conditions prescribed in subsection (2) had

been satisfied.

     (4) This section does not eliminate, limit, or reduce any

other immunity or defense that a camp or an owner, director, or

employee of a camp may have under other state law.

     (5) A children's camp may request a minor child's parent or

legal guardian to provide an extra inhaler or epinephrine auto-

injector to designated camp personnel for use in case of emergency.

A parent or legal guardian is not required to provide an extra

inhaler or epinephrine auto-injector to camp personnel.

     (6) A director or other chief administrator of a children's

camp who is aware that a minor child possesses an inhaler or

epinephrine auto-injector as authorized under this section shall

notify each camp employee who supervises the minor child of that

fact and of the provisions of this section.