Bill Text: MI HB5830 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Law enforcement; other; protocols that require law enforcement officers to carry opioid antagonists and requirement for law enforcement training; provide for. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-09-23 - Printed Bill Filed 09/19/2014 [HB5830 Detail]
Download: Michigan-2013-HB5830-Introduced.html
HOUSE BILL No. 5830
September 18, 2014, Introduced by Rep. O'Brien and referred to the Committee on Judiciary.
A bill 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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Law enforcement agency" means an entity of this state or
of a local unit of government of this state that employs peace
officers.
(b) "Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effects of opioids acting on
those receptors. Opioid antagonist includes, but is not limited to,
naloxone hydrochloride.
(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) "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 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.
Sec. 2. 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.
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.
(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 possesses or in good faith administers
an opioid antagonist under section 3, is immune from civil
liability for damages arising out of the administration of that
opioid antagonist to any individual under this act.
(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, distributing, or administering any
opioid antagonist to any individual under this act.
