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HB 5054

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

2025-2026 Regular Session Introduced by Brian BeGole and 19 co-sponsors

Expands allowed epinephrine delivery in schools beyond auto-injectors to include other forms, with protections for staff and required approvals and plans.

REFERRED TO COMMITTEE ON HEALTH POLICY
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Bill Summary · HB 5054

Summary — HB 5054 (2025): Health — Pharmaceuticals; Modify Administration of Epinephrine

Status: Reported with recommendation without amendment; referred to second reading (11/05/2025). Tie-bar with HBs 5049–5053 and HB 5050. Companion: SB 870; HB 3924 (companion).

Purpose / Intent

HB 5054 amends two sections of the Revised School Code (MCL 380.1178 and 380.1179) to update and broaden the types of epinephrine products that may be possessed, used, or administered in K–12 school settings. The bill replaces references to “epinephrine auto-injector” with the broader term “epinephrine delivery system,” cross‑referencing a new definition added to the Public Health Code by related legislation (HB 5050). The change modernizes statutory language to include alternative delivery forms (e.g., inhalers, nasal sprays) in addition to autoinjectors.

Key Provisions

  • Defines and references “epinephrine delivery system” using the definition added in the Public Health Code (per companion HB 5050). The definition includes, but is not limited to, an epinephrine autoinjector, epinephrine inhaler, or epinephrine nasal spray.
  • Liability protections:
    • School administrators, teachers, and other school employees who in good faith administer medication or an epinephrine delivery system under statutory conditions are immune from criminal prosecution and civil damages, except for acts amounting to gross negligence or willful/wanton misconduct (with slightly different phrasing for epinephrine administration).
    • Registered professional nurses employed by the school have the same immunity even if they administer medication or an epinephrine delivery system without another adult present.
    • School districts, nonpublic schools, board members, and officers are similarly shielded from liability for acts by individuals acting under these provisions.
  • Student possession and use:
    • A pupil may possess and use a metered dose or dry powder inhaler and an epinephrine delivery system at school, on school-sponsored transportation, and at school activities if conditions are met:
    • Written approval from the pupil’s licensed prescriber and, if a minor, parent/guardian.
    • The school principal has a copy of the written approvals.
    • A written emergency care plan on file, prepared by a licensed physician in collaboration with the pupil and parent/guardian and updated as needed.
  • Other operational provisions:
    • Schools may request, but cannot require, a parent/guardian to provide an extra inhaler or epinephrine delivery system for designated school personnel to use in emergencies.
    • Principals must notify the pupil’s classroom teachers when a pupil possesses an approved device.
    • Schools and personnel are protected from liability when reasonably permitting or prohibiting use/possession based on a reasonable inquiry into whether statutory conditions are satisfied.

Who Is Affected

  • Pupils (students), particularly those with asthma or severe allergy risks.
  • Parents and legal guardians.
  • School personnel (teachers, administrators, school nurses).
  • Public school districts, nonpublic schools, intermediate school districts, and public school academies.
  • Entities covered by related statutes amended in tie-bar bills (e.g., childcare settings, law enforcement/first responder access statutes).

Procedural / Fiscal Notes

  • The bills are tie‑barred: HB 5054 cannot take effect unless all tied bills (HBs 5049–5053 and HB 5050) are enacted.
  • House Fiscal Agency analysis: No fiscal impact on the State, local school districts, ISDs, PSAs, LARA, or Department of State Police is expected.

Effect / Practical Impact

  • Expands the statutory allowance and protections to newer or alternative epinephrine delivery methods beyond autoinjectors, potentially improving emergency treatment options for anaphylaxis in schools.
  • Maintains existing conditions for student self‑carriage and use while preserving immunities for school personnel and institutions when acting in good faith.

Compiled from official sources — confirm details with the bill’s official record.

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