Bill Text: MI HB5822 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Law enforcement; state police; state police officers to carry opioid antagonists; allow. Amends title & secs. 1, 2, 3 & 4 of 2014 PA 462 (MCL 28.541 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-04-18 - Bill Electronically Reproduced 04/17/2018 [HB5822 Detail]
Download: Michigan-2017-HB5822-Introduced.html
HOUSE BILL No. 5822
April 17, 2018, Introduced by Reps. Hammoud, Gay-Dagnogo, Marino, Hertel, Lasinski, Ellison, LaGrand, Neeley, Garrett, Noble, Clemente, Rabhi, Calley, Brinks, Wittenberg and Camilleri 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 1, 2, 3, and 4 (MCL 28.541,
28.542, 28.543, and 28.544).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to allow state police officers and peace officers to
carry and administer opioid antagonists in certain circumstances;
to provide access to opioid antagonists by the department, law
enforcement agencies, state police officers, and peace officers;
and to limit the civil and criminal liability of the department,
law enforcement agencies, state police officers, and peace officers
for the possession, distribution, and use of opioid antagonists
under certain circumstances.
Sec. 1. As used in this act:
(a) "Department" means the department of state police.
(b)
(a) "Law enforcement agency" means an entity
of this state
other than the department or of a local unit of government of this
state that employs peace officers.
(c) (b)
"Opioid antagonist" means
naloxone hydrochloride or
any other similarly acting and equally safe drug approved by the
federal
food and drug administration Food
and Drug Administration
for the treatment of drug overdose.
(d) (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.
(e) (d)
"Peace officer" means 1
or more of the following:
(i) A regularly employed member of a law enforcement agency
authorized and established under law, including common law, who is
responsible for the prevention and detection of crime and the
enforcement of the general criminal laws of this state. Peace
officer does not include a state police officer or a person serving
solely because he or she occupies any other office or position.
(ii) A law enforcement officer of a Michigan Indian tribal
police force.
(iii) The sergeant at arms or any assistant sergeant at arms
of either house of the legislature who is commissioned as a police
officer by that respective house of the legislature as provided by
the legislative sergeant at arms police powers act, 2001 PA 185,
MCL 4.381 to 4.382.
(iv) A law enforcement officer of a multicounty metropolitan
district.
(v) A police officer or public safety officer of a community
college, college, or university who is authorized by the governing
board of that community college, college, or university to enforce
state law and the rules and ordinances of that community college,
college, or university.
(f) "State police officer" means an officer appointed and
employed by the department under section 4(1) of 1935 PA 59, MCL
28.4.
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) The department may purchase and possess any opioid
antagonist for purposes of this act and shall distribute that
opioid antagonist to state police officers who have been trained in
the administration of that opioid antagonist for purposes of this
act.
Sec. 3. (1) 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.
(b) The peace officer has reason to believe that the
individual is experiencing an opioid-related overdose.
(2) A state police officer may possess any opioid antagonist
distributed to that state police officer under section 2 and may
administer that opioid antagonist to an individual if both of the
following apply:
(a) The state police officer has been trained in the proper
administration of that opioid antagonist.
(b) The state police officer has reason to believe that the
individual is experiencing an opioid-related overdose.
Sec.
4. (1) A The department
and any law enforcement agency
that purchases, possesses, or distributes any opioid antagonist
under section 2, and any state police officer or peace officer 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 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 The department and any law enforcement agency that
purchases, possesses, or distributes any opioid antagonist under
section 2, and any state police officer or 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.
