SENATE BILL No. 827

 

 

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in subsection (1) has been revoked under section 10 of the Michigan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.