SB-0200, As Passed Senate, May 22, 2019
SUBSTITUTE FOR
SENATE BILL NO. 200
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17744b (MCL 333.17744b), as amended by 2016 PA
384.
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.
(c) (d) 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, possess, and distribute
an opioid antagonist under the administration of opioid antagonists
act.
(2) When issuing a prescription for or dispensing an opioid
antagonist as authorized under this section to a school board 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 school board 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,
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.
(4) Notwithstanding any provision of this act to the contrary,
an employee or agent of an agency described in subsection (1)(d)
may, subject to section 105 of the administration of opioid
antagonists act, possess and administer 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 takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 100th Legislature are
enacted into law:
(a) House Bill No. 4367.
(b) Senate Bill No.____ or House Bill No.____ (request no.
02956'19).
(c) Senate Bill No.____ or House Bill No.____ (request no.
02957'19).