Bill Text: MI HB5390 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Law enforcement; other; requirement for certain law enforcement officers and certain firefighters to carry opioid antagonists and requirement for certain law enforcement and certain firefighters to be trained in using opioid antagonists; provide for. Amends title & secs. 1, 2, 3 & 4 of 2014 PA 462 (MCL 28.541 et seq.).

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2016-02-23 - Bill Electronically Reproduced 02/18/2016 [HB5390 Detail]

Download: Michigan-2015-HB5390-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5390

February 18, 2016, Introduced by Reps. Schor, Faris, LaVoy, Lucido, Forlini, Callton, Darany, Chirkun, Yanez, Driskell, Singh, Geiss and Plawecki 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 require peace officers and firefighters to

 

carry and administer opioid antagonists in certain circumstances;

 

to require peace officers and firefighters to receive training for

 

administering opioid antagonists; to provide access to opioid

 

antagonists by law enforcement agencies, organized fire

 

departments, firefighters, and peace officers; and to limit the

 

civil and criminal liability of local units of government, law

 

enforcement agencies, organized fire departments, firefighters, 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 health and human

 

services.

 

     (b) "Firefighter" means a member, including volunteer members

 

and members paid on call, of an organized fire department who is

 

responsible for, or is in a capacity that includes responsibility

 

for, the extinguishment of fires, the directing of the

 

extinguishment of fires, the prevention and detection of fires, and

 

the enforcement of the general fire laws of this state.

 

     (c) (a) "Law enforcement agency" means an entity of this state

 

or of a local unit of government of this state that employs peace

 

officers.

 

     (d) (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.

 

     (e) (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.

 

     (f) "Organized fire department" means a department, authority,

 

or other governmental entity that safeguards life and property from

 

damage from explosion, fire, or disaster and that provides fire

 

suppression and other related services in this state. Organized

 

fire department includes any lawfully organized firefighting force

 

in this state.

 

     (g) (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. (1) A local unit of government, including this state,

 

that employs either a law enforcement agency may or an organized

 

fire department, or both, shall purchase and possess any opioid

 

antagonist antagonists for purposes of this act and distribute that

 

those opioid antagonist antagonists to peace officers and

 

firefighters in its employ who have been trained in the

 

administration of that opioid antagonist antagonists for purposes

 

of this act.in accordance with the policy adopted by the

 

department.

 

     (2) The department shall develop a written policy regarding

 

the acquisition, storage, transportation, and administration of

 

opioid antagonists. The department shall also develop minimum

 

training standards for and provide training to peace officers and

 

firefighters who administer opioid antagonists. Peace officers and

 

firefighters to whom a local unit of government provides opioid

 

antagonists shall complete training in accordance with the minimum

 

training standards developed by the department. The opioid

 

administration training may be provided to peace officers and

 

firefighters directly by the department or by a local unit of

 

government but only if the training provided by the local unit of

 

government meets the minimum training standards developed by the

 

department.

 

     Sec. 3. A peace officer or firefighter may possess any opioid

 

antagonist distributed to that peace officer or firefighter under

 

section 2 and may administer that opioid antagonist to an

 

individual if both of the following apply:

 

     (a) The peace officer or firefighter has been trained in the

 

proper administration of that opioid antagonist.

 

     (b) The peace officer or firefighter has reason to believe

 

that the individual is experiencing an opioid-related overdose.

 

     Sec. 4. (1) A local unit of government that purchases and

 

distributes, or a law enforcement agency or organized fire

 

department that purchases, possesses , or distributes, any opioid

 

antagonist under section 2, and any peace officer or firefighter

 

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 local unit of government that purchases and distributes,

 

or a law enforcement agency or organized fire department that

 

purchases, possesses , or distributes, any opioid antagonist under

 

section 2, and any peace officer or firefighter 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.