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).




     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


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




     (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




     (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.