February 15, 2018, Introduced by Senators JONES and O'BRIEN and referred to the Committee on Health Policy.
A bill to allow library employees or agents to carry and
administer opioid antagonists in certain circumstances; to provide
access to opioid antagonists by certain libraries and library
employees or agents; and to limit the civil and criminal liability
of certain libraries and library employees or agents for the
possession, distribution, and use of opioid antagonists under
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 101. (1) This act shall be known and may be cited as the
"administration of opioid antagonists by library employees act".
(2) As used in this act:
(a) "Library employee or agent" means any of the following:
(i) An individual who is employed by a public library.
(ii) An individual who works in a public library under a
contract with the public library.
(iii) An appointed or elected official who serves on the
governing board of a public library.
(iv) An individual who volunteers with a public library.
(b) "Opioid antagonist" means naloxone hydrochloride or any
other similarly acting and equally safe drug approved by the
federal Food and Drug Administration for the treatment of drug
(c) "Opioid-related overdose" means a condition, including,
but not limited to, extreme physical illness, decreased level of
consciousness, respiratory depression, coma, or death, that results
from the consumption or use of an opioid or another substance with
which an opioid was combined or that a reasonable person would
believe to be an opioid-related overdose that requires medical
(d) "Public library" means a library that is lawfully
established for free public purposes by 1 or more counties, cities,
townships, villages, school districts, or other local governments
or a combination thereof, or by a public or local act, the entire
interests of which belong to the general public. Public library
does not include a special library such as a professional,
technical, or school library.
Sec. 103. A public library may purchase and possess an opioid
antagonist for purposes of this act and distribute that opioid
antagonist to a library employee or agent who has been trained in
the administration of that opioid antagonist for purposes of this
Sec. 105. A library employee or agent may possess an opioid
antagonist distributed to that employee or agent under section 103
and may administer that opioid antagonist to an individual if both
of the following apply:
(a) The library employee or agent has been trained in the
proper administration of that opioid antagonist.
(b) The library employee or agent has reason to believe that
the individual is experiencing an opioid-related overdose.
Sec. 107. (1) A public library that purchases, possesses, or
distributes an opioid antagonist under section 103, and a library
employee or agent that possesses or in good faith administers an
opioid antagonist under section 105, is immune from civil liability
for injuries or damages arising out of the administration of that
opioid antagonist to an individual under this act if the conduct
does not amount to gross negligence that is the proximate cause of
the injury or damage. As used in this subsection, "gross
negligence" means that term as defined in section 7 of 1964 PA 170,
(2) A public library that purchases, possesses, or distributes
an opioid antagonist under section 103, and a library employee or
agent that possesses or in good faith administers an opioid
antagonist under section 105, is not subject to criminal
prosecution for purchasing, possessing, or distributing an opioid
antagonist under this act or for administering an opioid antagonist
to an individual under this act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No. 829
of the 99th Legislature is enacted into law.