Bill Text: MI SB0857 | 2013-2014 | 97th Legislature | Enrolled
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: Partisan Bill (Republican 11-0)
Status: (Passed) 2014-10-22 - Assigned Pa 0314'14 With Immediate Effect [SB0857 Detail]
Download: Michigan-2013-SB0857-Enrolled.html
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Senators Schuitmaker, Nofs, Meekhof, Jones, Hune, Hildenbrand, Jansen, Robertson, Hansen, Richardville and Kahn
ENROLLED SENATE BILL No. 857
AN ACT 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 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.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
