February 15, 2018, Introduced by Senators JONES and WARREN and referred to the Committee on Judiciary.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding sections 1180 and 1181.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1180. (1) The administrator of a public or nonpublic
school, or his or her designee, who receives a copy of a do-not-
resuscitate order executed under section 3a or 3b of the Michigan
do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1053a and
333.1053b, from a parent or guardian of a pupil shall ensure that
both of the following are met:
(a) For a pupil with an individualized education program, the
do-not-resuscitate order must be made a part of the pupil's
individualized education program in the same manner as other
medical information regarding the pupil.
(b) For a pupil without an individualized education program,
both of the following:
(i) The do-not-resuscitate order must be placed in a file
created specifically for a do-not-resuscitate order and that file
must be stored in all of the same locations in which an
individualized education program is stored.
(ii) All parties that receive notice of an individualized
education program must receive notice of a do-not-resuscitate order
for a pupil without an individualized education program.
(2) The administrator of a public or nonpublic school, or his
or her designee, who receives actual notice that an order described
in subsection (1) has been revoked under section 10 of the Michigan
do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1060, shall
immediately make the revocation part of the pupil's individualized
education program in the same manner as other medical information
regarding the pupil or place the revocation in the file created
under subsection (1)(b)(i), as applicable. All parties entitled to
notice of an individualized education program must receive notice
of a revocation of a do-not-resuscitate order, regardless of
whether the revocation pertains to a pupil with an individualized
education program.
(3) This section shall not be construed to create a right to
an individualized education program.
(4) As used in this section:
(a) "Do-not-resuscitate order" or "order" means that term as
defined in section 2 of the Michigan do-not-resuscitate procedure
act, 1996 PA 193, MCL 333.1052.
(b) "Individualized education program" means that term as
defined in section 1704.
Sec. 1181. (1) The administrator of a public or nonpublic
school, or his or her designee, who receives a copy of a comfort or
care plan from a parent or guardian of a pupil shall ensure that
both of the following are met:
(a) For a pupil with an individualized education program, the
comfort or care plan must be made a part of the pupil's
individualized education program in the same manner as other
medical information regarding the pupil.
(b) For a pupil without an individualized education program,
both of the following:
(i) The comfort or care plan must be placed in a file created
specifically for a comfort or care plan and that file must be
stored in all of the same locations in which an individualized
education program is stored.
(ii) All parties that receive notice of an individualized
education program must receive notice of a comfort or care plan for
a pupil without an individualized education program.
(2) The administrator of a public or nonpublic school, or his
or her designee, who receives actual notice that a comfort or care
plan described in subsection (1) has been revoked shall immediately
make the revocation part of the pupil's individualized education
program in the same manner as other medical information regarding
the pupil or place the revocation in the file created under
subsection (1)(b)(i), as applicable. All parties entitled to notice
of an individualized education program must receive notice of a
revocation of a comfort or care plan, regardless of whether the
revocation pertains to a pupil with an individualized education
program.
(3) Subject to subsection (4), a school administrator,
teacher, or other school employee designated by the school
administrator, who in good faith administers a comfort or care
measure to a pupil in the presence of another adult or in an
emergency that threatens the life or health of the pupil, in
compliance with the pupil's comfort or care plan, is not liable in
a criminal action or for civil damages as a result of an act or
omission in the administration of the comfort or care measure
except for an act or omission amounting to gross negligence or
willful and wanton misconduct.
(4) If a school employee is a licensed registered professional
nurse, subsection (3) applies to that school employee regardless of
whether the comfort or care measure is administered in the presence
of another adult.
(5) A school district, public school academy, nonpublic
school, member of a school board, or director or officer of a
public school academy or nonpublic school is not liable for damages
in a civil action for injury, death, or loss to an individual or
property allegedly arising from an individual acting under this
section.
(6) This section shall not be construed to create a right to
an individualized education program.
(7) As used in this section:
(a) "Comfort or care measure" means treatment of a pupil to
ensure the pupil's mental or physical comfort. Comfort or care
measure does not include treatment that attempts to prolong a
pupil's life.
(b) "Individualized education program" means that term as
defined in section 1704.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 784 of the 99th Legislature is enacted into
law.