SENATE BILL NO. 844
March 12, 2020, Introduced by Senator MACDONALD
and referred to the Committee on Health Policy and Human Services.
A bill to amend 2019 PA 39, entitled
"Administration of opioid antagonists act,"
by amending section 107 (MCL 15.677).
the people of the state of michigan enact:
Sec. 107. (1) An agency that purchases, possesses, or
distributes an opioid antagonist under section 103 , and an employee
or agent that possesses or in good faith administers an opioid antagonist under
section 105, is immune from civil liability for injuries injury, death, or damages arising out of
the administration of that opioid antagonist to an individual under this act, if the conduct does not amount to gross
negligence that is the proximate cause of the injury, death, or damage. damages. As used in this subsection, "gross
negligence" means that term as defined in section 7 of 1964 PA 170, MCL
691.1407.
(2)
An employee or agent that possesses, administers, or fails to administer an
opioid antagonist under section 105 is immune from civil liability for injury,
death, or damages arising out of the administration or failure to administer
that opioid antagonist to an individual under this act, if the conduct does not
amount to willful or wanton misconduct that is the proximate cause of the
injury, death, or damages.
(3)
(2) An agency that purchases, possesses, or distributes an
opioid antagonist under section 103, and an employee or agent that possesses, or in good faith administers, or fails to administer an opioid antagonist under
section 105, is not subject to criminal prosecution for purchasing, possessing,
or distributing an opioid antagonist under this act or for administering or failing to administer an opioid
antagonist to an individual under this act.
(4)
(3) The immunity
provided under this section is in addition to any immunity otherwise provided
by law.This
section does not eliminate, limit, or reduce any other immunity or defense that
may be available under the laws of this state.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 417.
(b) Senate Bill No. 418.
(c) Senate Bill No. 843