HOUSE BILL No. 5331

 

October 19, 2005, Introduced by Reps. Ball, Gaffney and Hune and referred to the Committee on Health Policy.

 

     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 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.