HOUSE BILL No. 5830

 

September 18, 2014, Introduced by Rep. O'Brien and referred to the Committee on Judiciary.

 

     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 a drug that binds to opioid

 

receptors and blocks or inhibits the effects of opioids acting on


 

those receptors. Opioid antagonist includes, but is not limited to,

 

naloxone hydrochloride.

 

     (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

 

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


 

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 damages arising out of the administration of that

 

opioid antagonist to any individual under this act.

 

     (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


 

opioid antagonist to any individual under this act.