Bill Text: MI SB0805 | 2015-2016 | 98th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health; pharmaceuticals; opioid antagonist; allow prescribers to prescribe and pharmacies to dispense to school boards under certain circumstances. Amends sec. 17744b of 1978 PA 368 (MCL 333.17744b).

Spectrum: Bipartisan Bill

Status: (Passed) 2016-12-30 - Assigned Pa 0384'16 [SB0805 Detail]

Download: Michigan-2015-SB0805-Introduced.html

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SENATE BILL No. 805

 

 

February 17, 2016, Introduced by Senators ANANICH, ZORN, PROOS, KNEZEK, JOHNSON, YOUNG, GREGORY, HERTEL, BIEDA, HOPGOOD, MARLEAU, ROCCA, JONES, HORN, SCHUITMAKER and HOOD and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 17744b (MCL 333.17744b), as added by 2014 PA

 

311.

 

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 school board for purposes of section 1179b of the

 

revised school code, 1976 PA 451, MCL 380.1179b.

 

     (d) (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.

 

     (2) When issuing a prescription for or dispensing an opioid

 

antagonist as authorized under this section to a school board or a

 

person other than a patient, the prescriber, dispensing prescriber,

 

or pharmacist, as appropriate, shall insert the name of the school

 

board 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,

 

a school employee who is a licensed registered professional nurse

 

or who is trained in the administration of an opioid antagonist

 

under section 1179b of the revised school code, 1976 PA 451, MCL

 

380.1179b, may possess and administer an opioid antagonist

dispensed to a school board under this section.

 

     (5) (4) 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 Senate Bill No. 806                                       

 

          of the 98th Legislature is enacted into law.