HOUSE BILL NO. 5054

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 1178 and 1179 (MCL 380.1178 and 380.1179), section 1178 as amended by 2020 PA 320 and section 1179 as amended by 2018 PA 243.

the people of the state of michigan enact:

Sec. 1178. (1) Both of the following apply:

(a) Except as otherwise provided in subdivision (b) and 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 from 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 or wanton misconduct.

(b) Subject to subsection (2), a school employee who in good faith administers an epinephrine auto-injector delivery system to an individual consistent with the policies under section 1179a is not liable in a criminal action or for civil damages as a result of an act or omission in the administration of the epinephrine auto-injector, delivery system, except for an act or omission amounting to willful or 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 delivery system 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 in a criminal action or for damages in a civil action for injury, death, or loss to person or property allegedly arising from a person an individual acting under this section.

(4) This section does not eliminate, limit, or reduce any other immunity or defense that a person described under this section may have under other state law.

(5) As used in this section, "epinephrine delivery system" means that term as defined in section 17744a of the public health code, 1978 PA 368, MCL 333.17744a.

Sec. 1179. (1) If the conditions prescribed in subsection (2) are met, notwithstanding any school or school district policy to the contrary, a pupil of a public school or nonpublic school may possess and use 1 or more of the following at school, on school-sponsored transportation, or at any activity, event, or program sponsored by or in which the pupil's school 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 delivery system to treat anaphylaxis.

(2) Subsection (1) applies to a pupil if all of the following conditions are met:

(a) The pupil has written approval to possess and use the inhaler or epinephrine auto-injector delivery system as described in subsection (1) from the pupil's physician or other health care provider authorized by law to prescribe an inhaler or epinephrine auto-injector delivery system and, if the pupil is a minor, from the pupil's parent or legal guardian.

(b) The principal or other chief administrator of the pupil's school has received a copy of each written approval required under subdivision (a) for the pupil.

(c) There is on file at the pupil's school a written emergency care plan that contains specific instructions for the pupil's needs, that is prepared by a physician licensed in this state in collaboration with the pupil and the pupil's parent or legal guardian, and that is updated as necessary for changing circumstances.

(3) Notwithstanding any school or school district policy to the contrary, a pupil of a public school or nonpublic school may possess and use a United States Food and Drug Administration approved, over-the-counter topical substance at school, on school-sponsored transportation, or at any activity, event, or program sponsored by or in which the pupil's school is participating if all of the following conditions are met:

(a) If the pupil is a minor, the pupil has written approval to possess and use the United States Food and Drug Administration approved, over-the-counter topical substance from the pupil's parent or legal guardian.

(b) The principal or other chief administrator of the pupil's school has received a copy of the written approval required under subdivision (a), if any, for the pupil.

(4) A school district, nonpublic school, member of a school board, director or officer of a nonpublic school, or employee of a school district or nonpublic school is not liable for damages in a civil action for injury, death, or loss to person or property allegedly arising from a pupil being prohibited by an employee of the school or school district from using a United States Food and Drug Administration approved, over-the-counter topical substance, an inhaler, or an epinephrine auto-injector delivery system because of the employee's reasonable belief formed after a reasonable and ordinary inquiry that the conditions prescribed in subsection (2) or (3), as applicable, had not been satisfied. A school district, nonpublic school, member of a school board, director or officer of a nonpublic school, or employee of a school district or nonpublic school is not liable for damages in a civil action for injury, death, or loss to person or property allegedly arising from a pupil being permitted by an employee of the school or school district to use or possess a United States Food and Drug Administration approved, over-the-counter topical substance, an inhaler, or an epinephrine auto-injector delivery system because of the employee's reasonable belief formed after a reasonable and ordinary inquiry that the conditions prescribed in subsection (2) or (3), as applicable, had been satisfied. This subsection does not eliminate, limit, or reduce any other immunity or defense that a school district, nonpublic school, member of a school board, director or officer of a nonpublic school, or employee of a school district or nonpublic school may have under section 1178 or other state law.

(5) As part of its general powers, a school district may request a pupil's parent or legal guardian to provide an extra inhaler or epinephrine auto-injector delivery system to designated school personnel for use in case of emergency. A parent or legal guardian is not required to provide an extra inhaler or epinephrine auto-injector delivery system to school personnel.

(6) A principal or other chief administrator who is aware that a pupil is in possession of a United States Food and Drug Administration approved, over-the-counter topical substance, an inhaler, or an epinephrine auto-injector pursuant to delivery system under this section shall notify each of the pupil's classroom teachers of that fact and of the provisions of this section.

(7) As used in this section and in section 1179a:

(a) "Epinephrine delivery system" means that term as defined in section 17744a of the public health code, 1978 PA 368, MCL 333.17744a.

(b) (a) "School board" includes a school board, intermediate school board, or the board of directors of a public school academy.

(c) (b) "School district" includes a school district, intermediate school district, or public school academy.

(d) (c) "United States Food and Drug Administration approved, over-the-counter topical substance" includes, but is not limited to, sunscreen, antimicrobial or antifungal products, external analgesics including lidocaine, psoriasis or eczema topical treatments, or any other topical product with a therapeutic effect.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law:

(a) House Bill No. 5049 (request no. H02193'25).

(b) House Bill No. 5050 (request no. H02479'25).

(c) House Bill No. 5051 (request no. H02911'25).

(d) House Bill No. 5052 (request no. H03174'25).

(e) House Bill No. 5053 (request no. H03176'25).