HOUSE BILL NO. 4367
March 14, 2019, Introduced by Rep. Sheppard and
referred to the Committee on Government Operations.
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 overdose.
(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) "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 act.
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, MCL 691.1407.
(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.____ or House Bill No.____ (request no. 01905'19 a) of the 100th Legislature is enacted into law.