HB-4056, As Passed House, May 21, 2019
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
(b) "Opioid antagonist" means naloxone hydrochloride or any
other similarly acting and equally safe drug approved by the
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
(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
(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
(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.