Bill Text: MI HB4346 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Law enforcement; other; drug overdose training corresponding to training program for medical first responders and paramedics; require for peace officers. Amends title & secs. 2, 3 & 4 of 2014 PA 462 (MCL 28.542 et seq.).

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Introduced - Dead) 2019-03-14 - Bill Electronically Reproduced 03/13/2019 [HB4346 Detail]

Download: Michigan-2019-HB4346-Introduced.html

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HOUSE BILL No. 4346

 

 

March 13, 2019, Introduced by Reps. Jones, Haadsma, Byrd, Vaupel, Tyrone Carter, Berman, Sneller, Hertel, Calley, Peterson, Brann, Mueller, Chirkun, Cherry, Hoadley, Rabhi and Coleman 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, or distributing an opioid antagonist

 

under this act, or for 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. 4345 (request no.

 

01956'19) of the 100th Legislature is enacted into law.