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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6476

October 27, 1987

SCHOOLS AND SCHOOL DISTRICTS:

Administration of medication to students

The School Code of 1976 does not prohibit the self-administration of medication by students without the involvement of public school personnel.

School personnel may administer medication to students upon written permission of a parent or guardian containing the physician's instructions for administration of the medication.

A board of education of a school district may adopt reasonable rules for (1) the possession of and the self-administration of medication by students, and (2) the administration of medication to students by school personnel in accordance with instructions of the student's physician.

Honorable Debbie Stabenow

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on a number of questions concerning the School Code of 1976, 1976 PA 451, Sec. 1178, which may be restated as:

1. Does Act 451, Sec. 1178, or any other provision of the School Code of 1976, prohibit the self-administration of prescribed and non-prescribed medication by pupils without the involvement of public school employees?

2. To receive the protection of Act 451, Sec. 1178, are public school authorities required to receive written instructions from a physician prior to administering prescribed or non-prescribed medication to public school students?

1976 PA 451, MCL 380.1 et seq; MSA 15.4001 et seq, is known as the School Code of 1976. Act 451, Sec. 1178, provides:

"A school administrator, teacher, or other school employee designated by the school administrator, who in good faith administers medication to a pupil in the presence of another adult pursuant to written permission of the pupil's parents or guardian and in compliance with the instructions of a physician is not liable in a criminal action or for civil damages as a result of the administration except for an act or omission amounting to gross negligence or wilful and wanton misconduct."

When a statute's language is plain and unambiguous, the provisions of the statute are to be applied as written. Dussia v. Monroe County Employees Retirement System, 386 Mich 244, 249; 191 NW2d 307 (1971). As demonstrated by a reading of the provisions of Act 451, Sec. 1178, the self-administration of prescribed or non-prescribed medication by pupils without the involvement of public school employees is not prohibited. Further, there is no other provision of the School Code of 1976 that prohibits the self-administration of these medications by pupils without the involvement of public school employees.

Act 451, Sec. 1178, provides immunity from liability for a school administrator, teacher, or other designated school employee who administers medication to pupils in compliance with that statutory section, unless the school administrator, teacher, or other designated employee commits an act or omission amounting to gross negligence or wilful and wanton misconduct. The statute does not differentiate between prescribed and non-prescribed medications. Also, the statute does not impose an affirmative duty upon a school administrator, teacher, or designated employee to assume the responsibility for the administration of medication to pupils. See, OAG, 1979-1980, No 5679, p 709, 712 (April 11, 1980).

A board of education of a school district does possess the statutory authority to make reasonable regulations concerning the conduct of pupils while in attendance at school and enroute to and from school. Act 451, Sec. 1300, states:

"The board of a school district shall make reasonable regulations relative to anything necessary for the proper establishment, maintenance, management, and carrying on of the public schools of the district, including regulations relative to the conduct of pupils concerning their safety while in attendance at school or enroute to and from school."

Courts have upheld the exercise of the rule-making authority of boards of education over the operation of schools provided the rules are reasonable. See, LaPorte v Escanaba Area Public Schools, 51 Mich App 305, 308; 214 NW2d 840 (1974); Nigosian v Weiss, 343 F Supp 757 (ED Mich, 1971). Pursuant to Act 451, Sec. 1300, a board of a school district, in its effort to provide for the safety and well-being of its students, may adopt reasonable regulations concerning the possession of and self-administration of medication by students.

It is my opinion, in answer to the first question, that neither Act 451, Sec. 1178, nor any other provision of the School Code of 1976, prohibits the self-administration of medication by pupils without the involvement of public school employees. It is my further opinion a school district may adopt reasonable regulations concerning the possession and self-administration of medication by its pupils.

Turning to the second question, Act 451, Sec. 1178, which provides qualified immunity to certain public school authorities who administer medication to public school students pursuant to its provisions, does not require the public school authorities to obtain written instructions from a physician prior to administering medication to a pupil. The statute provides that the medication be administered by public school authorities in compliance with the instructions of a physician. Such language does not prohibit public school authorities from accepting the physician's instructions as provided to them in writing signed by a student's parent or guardian.

As noted earlier, however, pursuant to Act 451, Sec. 1300, a school district may establish reasonable regulations relative to the safety of its pupils. Such regulations could include a number of requirements concerning the possession of and the administration of prescribed or non-prescribed medication, including a requirement that a pupil's physician provide public school authorities with written instructions concerning the administration of prescribed or non-prescribed medication prior to its administration.

It is my opinion, in answer to the second question, that to receive the protection of Act 451, Sec. 1178, public school authorities are not required to receive written instructions directly from a physician prior to administering prescribed or non-prescribed medication as long as school authorities have received instructions in writing signed by the parent or guardian describing the physician's instructions and authorizing the school authorities to administer the medication.

Frank J. Kelley

Attorney General


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