HB-4366, As Passed House, March 20, 2019
March 14, 2019, Introduced by Rep. Sheppard and referred to the Committee on Government Operations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17744b (MCL 333.17744b), as amended by 2016 PA
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-
(b) A family member, friend, or other individual in a position
to assist an individual at risk of experiencing an opioid-related
(c) A school board for purposes of section 1179b of the
revised school code, 1976 PA 451, MCL 380.1179b.
(d) A person other than an individual that meets all of the
(i) Acts at the direction of the prescriber or dispensing
(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.
(e) A public library for purposes of the administration of
opioid antagonists by library employees act.
(2) When issuing a prescription for or dispensing an opioid
antagonist as authorized under this section to a school board, a
public library, or a person other than a patient, the prescriber,
dispensing prescriber, or pharmacist, as appropriate, shall insert
the name of the school board, the public library, 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.
(5) Notwithstanding any provision of this act to the contrary,
a public library employee or agent who is trained in the
administration of an opioid antagonist under the administration of
opioid antagonists by library employees act may possess and
administer an opioid antagonist dispensed to a public library under
(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
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 Senate Bill No.____ or House Bill No. 4367 (request no.
01905'19) of the 100th Legislature is enacted into law.