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Michigan Compiled Laws Complete Through PA 171 of 2017
House: Adjourned until Thursday, December 28, 2017 11:45:00 AM
Senate: Adjourned until Thursday, December 28, 2017 11:30:00 AM

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Section 333.17744b

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978


333.17744b Prescribing, possessing, or dispensing opioid antagonist; liability.

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-related overdose.

(b) A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose.

(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 following requirements:

(i) Acts at the direction of the prescriber or dispensing prescriber.

(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.

(2) When issuing a prescription for or dispensing an opioid antagonist as authorized under this section to a school board or a person other than a patient, the prescriber, dispensing prescriber, or pharmacist, as appropriate, shall insert the name of the school board 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) 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 antagonist.


History: Add. 2014, Act 311, Imd. Eff. Oct. 14, 2014 ;-- Am. 2016, Act 384, Eff. Mar. 29, 2017
Popular Name: Act 368


© 2017 Legislative Council, State of Michigan

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