July 24, 2007, Introduced by Reps. Amos, Wojno, David Law, Angerer, Warren, Stakoe, Byrnes, LaJoy, Casperson, Green and Hildenbrand and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1178b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1178b. (1) Not later than July 1, 2008, the department,
in conjunction with the department of community health and the
department of agriculture, shall do all of the following:
(a) Review all guidelines, policies, or other publications
produced by the department or another state agency concerning the
management of students with life-threatening food, insect sting,
latex, or other substance allergies or asthma and revise them as
necessary.
(b) Make available to all school districts, intermediate
school districts, public school academies, and nonpublic schools a
model local policy concerning the management of students with life-
threatening food, insect sting, latex, or other substance allergies
or asthma.
(2) In carrying out its duties under subsection (1), the
department shall consult with appropriate medical experts, with
professional organizations representing school nurses, principals,
and teachers, and with the food allergy community.
(3) The model local policy developed under subsection (1)
shall address at least all of the following:
(a) The type and amount of training that may be required for
persons who participate in the management of students with life-
threatening food, insect sting, latex, or other substance allergies
or asthma at school. In developing this part of the policy, the
department may consider training programs offered by the Michigan
association of school nurses and by other public health
organizations.
(b) Procedures for the placement of a student’s prescribed
anaphylaxis or asthma management device in a secure but unlocked
location easily accessible by school personnel to ensure prompt
accessibility in the event of an allergic or asthma emergency at
school, on a field trip, on a school bus or other school-provided
or school-coordinated transportation, or at a school-sponsored
function.
(c) Creation of 1 or more standardized emergency care plan
forms for allergic reaction, and for both allergic reaction and
asthma for students who suffer from both allergy and asthma. This
form or forms should include at least all of the following:
(i) A list of any food, insect sting, latex, or other substance
to which the student is allergic.
(ii) The signs and symptoms of anaphylaxis or asthma, or both,
and procedures on how to respond to the symptoms, including
medications prescribed and their dosages.
(iii) Authorization of both the parent or legal guardian and the
physician or other authorized health care provider for the
administration of prescribed medication by school personnel for
emergency treatment of anaphylaxis or asthma, or both. This part of
the model policy shall be designed to ensure that the completed
standardized emergency care plan form or forms, once signed by the
parent or legal guardian and the physician or other authorized
health care provider are sufficient to meet all legal and
administrative requirements of schools to have signed permission
for administration of medication by school personnel and for the
student to self-carry and self-administer medications, so that
additional forms duplicating the information should not be
required.
(iv) Authorization for and assessment of the student’s
readiness for self-carrying or self-administration of prescription
medication pursuant to section 1179.
(d) Creation of an individual health care plan or
accommodation plan for each individual student who is at risk for
anaphylaxis, pursuant to applicable provisions of section 504 of
title V of the rehabilitation act of 1973, 29 USC 794, and other
applicable federal and state law. The plans shall be tailored to
the needs of each individual student, including any procedures for
the self-administration of medication by the child if the child is
capable of self-administering medication and if the self-
administration is otherwise in accordance with section 1179.
(4) Not later than 1 year after the effective date of this
section, each school board, intermediate school board, and public
school academy board of directors shall review its local policy
concerning the management of students with life-threatening food,
insect sting, latex, or other substance allergies or asthma at
school. This review shall take place at a public meeting.
(5) School boards, intermediate school boards, public school
academy boards of directors, and nonpublic schools are encouraged
to align their local policies with the model policy developed under
subsection (1) and are encouraged to provide appropriate training
to persons who participate in the management of students with life-
threatening food, insect sting, latex, or other substance allergies
or asthma at school.
(6) As used in this section, "anaphylaxis or asthma management
device" means an epinephrine auto-injector or epinephrine inhaler
used to treat anaphylaxis or a metered dose inhaler or dry powder
inhaler used to alleviate or to prevent asthmatic symptoms.