Michigan House Bill HB5054

Michigan 2025-2026 Regular Session

• Introduced: 9/24/25
• Refer: 9/24/25

Caption

Health: pharmaceuticals; administration of epinephrine; modify. Amends secs. 1178 & 1179 of 1976 PA 451 (MCL 380.1178 & 380.1179). TIE BAR WITH: HB 5049'25, HB 5050'25, HB 5051'25, HB 5052'25, HB 5053'25

Impact

If enacted, HB5054 would significantly impact state laws concerning school health policy. It would allow students to possess and use specific medical devices such as inhalers and epinephrine auto-injectors while on school property, provided they have the necessary approvals from both their health care provider and guardians. This mandate aims to facilitate timely medical intervention in case of health emergencies, thus enhancing students' overall safety. Additionally, the bill emphasizes the importance of having a comprehensive emergency care plan and clear communication among school staff regarding students' medical needs.

Summary

House Bill 5054 seeks to amend the 1976 PA 451, specifically focusing on the liabilities of school staff who administer medication to students. The bill outlines provisions under which school employees, such as teachers and administrators, may safely administer medications, including epinephrine auto-injectors, to students during emergencies or with proper consent. It ensures that employees acting in good faith will not be held liable for civil damages or criminal actions, provided their actions do not constitute gross negligence or willful misconduct. This protection is crucial as it encourages school personnel to respond to medical emergencies without the fear of potential legal repercussions.

Contention

The bill's provisions may lead to discussions around the extent of liability protections for school personnel. While proponents argue that it promotes the well-being of students and empowers staff to act quickly in emergencies, opponents could raise concerns regarding the definitions of 'good faith' and the potential for varying interpretations that might lead to disputes in specific cases. Moreover, the requirements for emergency care plans could mark an increased administrative burden for schools, requiring them to maintain and update these plans to remain compliant with the law.