SB-0200, As Passed House, June 13, 2019

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).