Using Inhalers for Asthma at School
A Law Permitting the Use of Prescribed Medications for Asthma/Allergies at School
Michigan Compiled Law 380.1179
Michigan public and nonpublic school children, under certain conditions, are allowed
by law to carry and self-administer prescribed asthma and allergy
medications on school grounds and during school-sponsored activities.
This legislation (2000, 2004)amended the Michigan School Code
to ensure that students with asthma and allergies have immediate
access to life-saving medications. Specifically, the law
does the following:
- Permits a student
to possess and use a metered dose inhaler or dry powder inhaler
to alleviate asthma symptoms, or before exercise to prevent
the onset of these symptoms at school or school sponsored
activities and programs (e.g., school sponsored transportation;
activities, events, or programs in which the student's school
is participating). As of 2004, a student may carry an epinephrine
auto-injector or epinephrine inhaler to treat anaphylaxis.
- In order for the student to possess and
use their inhaler, the following conditions must be met:
- The student must have written permission to possess
and use their inhaler/epi medications from his or her physician
or other health care provider authorized to prescribe an inhaler;
- If the student is a minor (under the age of 18), they
must also have permission from his or her parent or legal guardian
to possess and use their inhaler/epi medications; and
- The principal or chief administrator at the school must have
received a copy of each written approval for the student.
- A school district may request that a student's
parent or legal guardian to provide an extra inhaler/epi medication
to designated school personnel in case of an emergency, but
a parent or legal guardian is not required to provide an extra
inhaler/epi medication.
- The principal or chief administrator of
the school must notify each of the student's teachers that
the student possess an inhaler/epi medication and the provision
of the law allowing them to do so.
- Under the law, school personnel (including
the 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) are NOT liable for
any damages resulting from permitting a student to use, or
prohibiting a student from using, an inhaler/epi medication
if an employee has a reasonable belief formed after a reasonable
and ordinary inquiry that the bill's conditions have, or have
not been met.
(The law specifies that these provisions do not eliminate,
limit, or reduce any other immunity or defense that a school
district, nonpublic school, or school employee may have under
other State law or the Code's prevision exempting certain
school personnel from civil or criminal liability for administering
medication to a student—Michigan Compiled Law 380.1179)
- Access a pdf of the actual law.