SB-1049, As Passed Senate, October 1, 2014

SUBSTITUTE FOR

SENATE BILL NO. 1049

A bill to allow peace officers to carry and administer opioid

antagonists in certain circumstances; to provide access to opioid

antagonists by law enforcement agencies and peace officers; and to

limit the civil and criminal liability of law enforcement agencies

and peace officers for the possession, distribution, and use of

opioid antagonists under certain circumstances.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act:

(a) "Law enforcement agency" means an entity of this state or

of a local unit of government of this state that employs peace

officers.

(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

overdose.

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

assistance.

(d) "Peace officer" means 1 or more of the following:

(i) A regularly employed member of a law enforcement agency

authorized and established under law, including common law, who is

responsible for the prevention and detection of crime and the

enforcement of the general criminal laws of this state. Peace

officer does not include a person serving solely because he or she

occupies any other office or position.

(ii) A law enforcement officer of a Michigan Indian tribal

police force.

(iii) The sergeant at arms or any assistant sergeant at arms of

either house of the legislature who is commissioned as a police

officer by that respective house of the legislature as provided by

the legislative sergeant at arms police powers act, 2001 PA 185,

MCL 4.381 to 4.382.

(iv) A law enforcement officer of a multicounty metropolitan

district.

(v) A police officer or public safety officer of a community

college, college, or university who is authorized by the governing

Senate Bill No. 1049 as amended October 1, 2014

board of that community college, college, or university to enforce

state law and the rules and ordinances of that community college,

college, or university.

Sec. 2. A law enforcement agency may purchase and possess any

opioid antagonist for purposes of this act and distribute that

opioid antagonist to peace officers in its employ who have been

trained in the administration of that opioid antagonist for

purposes of this act.

Sec. 3. A peace officer may possess any opioid antagonist

distributed to that peace officer under section 2 and may

administer that opioid antagonist to an individual if both of the

following apply:

(a) The peace officer has been trained in the proper

administration of that opioid antagonist.

(b) The peace officer has reason to believe that the

individual is experiencing an opioid-related overdose.

Sec. 4. (1) A law enforcement agency that purchases,

possesses, or distributes any opioid antagonist under section 2,

and any peace officer that possesses or in good faith administers

an opioid antagonist under section 3, is immune from civil

liability for <<injuries or>> damages arising out of the

administration of that

opioid antagonist to any 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, MCL 691.1407>>.

(2) A law enforcement agency that purchases, possesses, or

distributes any opioid antagonist under section 2, and any peace

officer that possesses or in good faith administers an opioid

antagonist under section 3, is not subject to criminal prosecution

for purchasing, possessing, distributing, or administering any