HB-4056, As Passed House, May 21, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

 

     A bill to amend 2014 PA 462, entitled

 

"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.