Bill Text: MI HB5406 | 2013-2014 | 97th Legislature | Engrossed

---

Bill Title: Torts; liability; administration of a drug in response to a drug overdose; provide protection from civil liability. Amends 1963 PA 17 (MCL 691.1501 - 691.1507) by adding sec. 3.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Introduced - Dead) 2014-05-28 - Referred To Committee On Judiciary [HB5406 Detail]

Download: Michigan-2013-HB5406-Engrossed.html

---

HB-5406, As Passed House, May 27, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5406

(as amended May 22, 2014)

March 11, 2014, Introduced by Reps. Forlini, Graves, Lane, Yanez, Zorn, Crawford, Lauwers and Kowall and referred to the Committee on Judiciary.

 

     A bill to amend 1963 PA 17, entitled

 

"An act to relieve certain persons from civil liability when

rendering emergency care, when rendering care to persons involved

in competitive sports under certain circumstances, or when

participating in a mass immunization program approved by the

department of public health,"

 

(MCL 691.1501 to 691.1507) by adding section 3.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) An individual who in good faith believes that

 

another individual is suffering the immediate effects of an opioid-

 

related overdose and who administers an opioid antagonist to the

 

other individual is not liable in a civil action for damages

 

resulting from the administration.

 

     (2) This section does not apply [in any of the following

circumstances:

     (a) If the individual who administers the opioid antagonist is a physician, physician's assistant, registered nurse, or licensed practical nurse and the opioid antagonist is administered in a hospital.

     (b) If] the conduct of the

 

individual administering the opioid antagonist is willful or wanton

House Bill No. 5406 as amended May 22, 2014

 

misconduct.

 

     (3) As used in this section:

 

     (a) "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.

 

              ]

 

     (b) "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 layperson would reasonably

 

believe to be an opioid-related overdose that requires medical

 

assistance.