Bill Text: MI HB5078 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Health: pharmaceuticals; distribution of opioid antagonists by employees and agents of agencies under the administration of opioid antagonists act; provide for. Amends sec. 17744b of 1978 PA 368 (MCL 333.17744b). TIE BAR WITH: HB 5077'23
Spectrum: Moderate Partisan Bill (Democrat 20-3)
Status: (Engrossed) 2024-04-30 - Referred To Committee On Health Policy [HB5078 Detail]
Download: Michigan-2023-HB5078-Engrossed.html
HOUSE BILL NO. 5078
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17744b (MCL 333.17744b), as amended by 2019 PA 36.
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 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.
(d) An agency authorized to purchase or otherwise obtain, possess, and distribute an opioid antagonist under the administration of opioid antagonists act, 2019 PA 39, MCL 15.671 to 15.677.
(2) When issuing a prescription for or dispensing an opioid antagonist as authorized under this section to an agency described in subsection (1)(d) or a person other than a patient, the prescriber, dispensing prescriber, or pharmacist, as appropriate, shall insert the name of the agency 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, an agency described in subsection (1)(d) or an employee or agent of an agency described in subsection (1)(d) may, subject to section 105 of the administration of opioid antagonists act, 2019 PA 39, MCL 15.671 to 15.677, possess, and administer, and distribute an opioid antagonist dispensed to the agency under this section.
(5) 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.____ or House Bill No. 5077 (request no. 03536'23) of the 102nd Legislature is enacted into law.
