Bill Text: MI SB0828 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Libraries; other; administration of opioid antagonists by library employees act; create. Creates new act. TIE BAR WITH: SB 0829'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-11-29 - Referred To Committee Of The Whole [SB0828 Detail]

Download: Michigan-2017-SB0828-Introduced.html

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SENATE BILL No. 828

 

 

February 15, 2018, Introduced by Senators JONES and O'BRIEN and referred to the Committee on Health Policy.

 

 

 

     A bill to allow library employees or agents to carry and

 

administer opioid antagonists in certain circumstances; to provide

 

access to opioid antagonists by certain libraries and library

 

employees or agents; and to limit the civil and criminal liability

 

of certain libraries and library employees or agents for the

 

possession, distribution, and use of opioid antagonists under

 

certain circumstances.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 101. (1) This act shall be known and may be cited as the

 

"administration of opioid antagonists by library employees act".

 

     (2) As used in this act:

 

     (a) "Library employee or agent" means any of the following:

 

     (i) An individual who is employed by a public library.

 

     (ii) An individual who works in a public library under a

 

contract with the public library.

 

     (iii) An appointed or elected official who serves on the

 

governing board of a public library.

 

     (iv) An individual who volunteers with a public library.

 

     (b) "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.

 

     (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) "Public library" means a library that is lawfully

 

established for free public purposes by 1 or more counties, cities,

 

townships, villages, school districts, or other local governments

 

or a combination thereof, or by a public or local act, the entire

 

interests of which belong to the general public. Public library

 

does not include a special library such as a professional,

 

technical, or school library.

 

     Sec. 103. A public library may purchase and possess an opioid

 

antagonist for purposes of this act and distribute that opioid

 

antagonist to a library employee or agent who has been trained in

 

the administration of that opioid antagonist for purposes of this

 

act.

     Sec. 105. A library employee or agent may possess an opioid

 

antagonist distributed to that employee or agent under section 103

 

and may administer that opioid antagonist to an individual if both

 

of the following apply:

 

     (a) The library employee or agent has been trained in the

 

proper administration of that opioid antagonist.

 

     (b) The library employee or agent has reason to believe that

 

the individual is experiencing an opioid-related overdose.

 

     Sec. 107. (1) A public library that purchases, possesses, or

 

distributes an opioid antagonist under section 103, and a library

 

employee or agent that possesses or in good faith administers an

 

opioid antagonist under section 105, is immune from civil liability

 

for injuries or damages arising out of the administration of that

 

opioid antagonist to an 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 public library that purchases, possesses, or distributes

 

an opioid antagonist under section 103, and a library employee or

 

agent that possesses or in good faith administers an opioid

 

antagonist under section 105, is not subject to criminal

 

prosecution for purchasing, possessing, or distributing an opioid

 

antagonist under this act or for administering an opioid antagonist

 

to an individual under this act.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.

     Enacting section 2. This act does not take effect unless

 

Senate Bill No. 829                                                

 

of the 99th Legislature is enacted into law.