Bill Text: MI HB5078 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Health: pharmaceuticals; distribution of opioid antagonists by employees and agents of agencies under the administration of opioid antagonists act; provide for. Amends sec. 17744b of 1978 PA 368 (MCL 333.17744b).
Spectrum: Moderate Partisan Bill (Democrat 20-3)
Status: (Passed) 2024-12-31 - Assigned Pa 232'24 [HB5078 Detail]
Download: Michigan-2023-HB5078-Chaptered.html
Act No. 232
Public Acts of 2024
Approved by the Governor
January 17, 2025
Filed with the Secretary of State
January 17, 2025
EFFECTIVE DATE: April 2, 2025
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Reps. Rheingans, Prestin, Arbit, Dievendorf, Hood, Brixie, Andrews, Fitzgerald, Stone, Brabec, Hill, Hope, Coffia, Byrnes, Martus, Haadsma, Conlin, Bollin, Weiss, Morse, MacDonell, VanderWall and Aiyash
ENROLLED HOUSE BILL No. 5078
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 17744b (MCL 333.17744b), as amended by 2019 PA 36.
The People of the State of Michigan enact:
Sec. 17744b. (1) Notwithstanding any provision of this act to the contrary, a prescriber may issue a prescription for and a dispensing prescriber or pharmacist may dispense an opioid antagonist to any of the following:
(a) An individual patient at risk of experiencing an opioid-related overdose.
(b) A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose.
(c) A person other than an individual that meets all of the following requirements:
(i) Acts at the direction of the prescriber or dispensing prescriber.
(ii) Upon receipt of an opioid antagonist, stores the opioid antagonist in compliance with this part.
(iii) Dispenses or administers an opioid
antagonist under a valid prescription issued to an individual or a patient.
(iv) Performs the requirements under this subsection without charge or compensation.
(d) An agency authorized to purchase or otherwise obtain, possess, and distribute an opioid antagonist under the administration of opioid antagonists act, 2019 PA 39, MCL 15.671 to 15.677.
(2) When issuing a prescription for or dispensing an opioid antagonist as authorized under this section to an agency described in subsection (1)(d) or a person other than a patient, the prescriber, dispensing prescriber, or pharmacist, as appropriate, shall insert the name of the agency or the person as the name of the patient.
(3) Notwithstanding any provision of this act to the contrary, a person that is acting in good faith and with reasonable care may possess and dispense an opioid antagonist.
(4) Notwithstanding any provision of this act to the contrary, an agency described in subsection (1)(d) or an employee or agent of an agency described in subsection (1)(d) may, subject to the administration of opioid antagonists act, 2019 PA 39, MCL 15.671 to 15.677, possess, administer, and distribute an opioid antagonist dispensed to the agency under this section.
(5) A prescriber who issues a prescription for or a dispensing prescriber or pharmacist who dispenses an opioid antagonist as authorized under this section is not liable in a civil action for a properly stored and dispensed opioid antagonist that was a proximate cause of injury or death to an individual due to the administration of or failure to administer the opioid antagonist.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 5077 of the 102nd Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
