January 30, 2018, Introduced by Reps. Green, Geiss, Pagan, Yanez and Jones and referred to the Committee on Health Policy.
A bill to amend 2014 PA 462, entitled
"An act 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,"
by amending the title and sections 2, 3, and 4 (MCL 28.542, 28.543,
and 28.544).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to allow peace officers to carry and administer opioid
antagonists in certain circumstances; to require peace officers to
receive certain training regarding drug overdose treatment; 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 drug overdose
treatment and the possession, distribution, and use of opioid
antagonists under certain circumstances.
Sec. 2. (1) 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.
(2) A law enforcement agency shall require each peace officer
in its employ to receive training in a program that meets the
requirements set forth in section 20912 of the public health code,
1978 PA 368, MCL 333.20912, for training paramedics and medical
first responders in treating drug overdose patients.
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 in a program that meets
the requirements set forth in section 20912 of the public health
code, 1978 PA 368, MCL 333.20912, for training paramedics and
medical first responders in treating drug overdose patients.
(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 renders treatment for drug overdose in
accordance with training required under section 2 or 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 that treatment or 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
opioid antagonist to any individual under this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5460 (request no.
05392'18) of the 99th Legislature is enacted into law.