October 03, 2023, Introduced by Senators HERTEL, GEISS, BAYER, SHINK, WOJNO, MCCANN, BELLINO, CHANG, HUIZENGA and CAMILLERI and referred to the Committee on Health Policy.

A bill to prescribe the types of opioid antagonists distributed to certain persons or governmental entities in this state; and to provide for the powers and duties of certain state officers and entities.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Department" means the department of health and human services.

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

Sec. 3. (1) If the department distributes an opioid antagonist, at no cost, to a person or governmental entity to assist the person or governmental entity in reducing the number of opioid-related overdoses in this state, the department shall allow the person or governmental entity to choose the formulation, type of delivery device, method of administration, or dosage of the opioid antagonist that the person or governmental entity will receive from the department.

(2) Subsection (1) does not apply to the extent that allowing a person or governmental entity to choose the formulation or dosage of an opioid antagonist would jeopardize the department's receipt of federal funding.