SB-0857, As Passed House, September 24, 2014

SUBSTITUTE FOR

SENATE BILL NO. 857

     A bill to amend 1963 PA 17, entitled

"An act to relieve certain persons from civil liability when

rendering emergency care, when rendering care to persons involved

in competitive sports under certain circumstances, or when

participating in a mass immunization program approved by the

department of public health,"

(MCL 691.1501 to 691.1507) by adding section 3.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3. (1) An individual who in good faith believes that

another individual is suffering the immediate effects of an opioid-

related overdose and who administers an opioid antagonist to the

other individual is not liable in a civil action for damages

resulting from the administration.

     (2) This section does not apply in any of the following

circumstances:

     (a) If the individual who administers the opioid antagonist is

a physician, physician's assistant, registered nurse, or licensed

practical nurse and the opioid antagonist is administered in a

hospital.

     (b) If the conduct of the individual administering the opioid

antagonist is willful or wanton misconduct.

     (3) As used in this section:

     (a) "Opioid antagonist" means naloxone hydrochloride or any

other similarly acting and equally safe drug approved by the

federal food and drug administration for the treatment of drug

overdose.

     (b) "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 layperson would reasonably

believe to be an opioid-related overdose that requires medical

assistance.