HB-5331, As Passed Senate, February 22, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5331

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1178 (MCL 380.1178), as amended by 2000 PA 9.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 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

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 is administered in the presence of another

adult.