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.