Michigan School’s Medication Law

MICHIGAN 380.1179 Use of inhaler permitted; conditions; liability; extra inhaler; notice to classroom teachers; definitions. 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 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 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 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) 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 an inhaler or epinephrine auto-injector because of the employee’s reasonable belief formed after a reasonable and ordinary inquiry that the conditions prescribed in subsection (2) 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 an inhaler or epinephrine auto-injector because of the employee’s reasonable belief formed after a reasonable and ordinary inquiry that the conditions prescribed in subsection (2) 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. (4) 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 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 to school personnel. (5) A principal or other chief administrator who is aware that a pupil is in possession of an inhaler or epinephrine auto-injector pursuant to this section shall notify each of the pupil’s classroom teachers of that fact and of the provisions of this section. (6) As used in this section: (a) “School board” includes a school board, intermediate school board, or the board of directors of a public school academy. (b) “School district” includes a school district, intermediate school district, or public school academy. History: Add. 2000, Act 10, Imd. Eff. Mar. 7, 2000 ;– Am. 2004, Act 73, Imd. Eff. Apr. 20, 2004 Popular Name: Act 451