HOUSE BILL NO. 4056

January 16, 2019, Introduced by Reps. Anthony, Slagh, Bolden, Brixie, Hood, Frederick, Ellison, Calley, Gay-Dagnogo, Cynthia Johnson, Kennedy, Garza, Brenda Carter, Hope, Elder, Sabo, Robinson, Coleman and Leutheuser and referred to the Committee on Health Policy.

"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 section 1 (MCL 28.541).

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Law enforcement agency" means an entity of this state or of a local unit of government of this state that employs peace officers.

(b) "Opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal food and drug administration 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) "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.

(vi) A local corrections officer as that term is defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.

(vii) A state correctional officer as that term is defined in section 2 of the correctional officers' training act of 1982, 1982 PA 415, MCL 791.502.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.