ALLOW CORRECTIONS OFFICERS TO

ADMINISTER OPIOID ANTAGONISTS

House Bill 5790 as introduced

Sponsor:  Rep. Gary Howell

Committee:  Health Policy

Complete to 8-30-16

SUMMARY:

House Bill 5790 would expand the definition of "peace officer" in Public Act 462 of 2014, an act dealing with the carrying and administering of opioid antagonists.  Opioid antagonists are drugs approved by the federal Food and Drug Administration for the treatment of drug overdose. 

Currently, PA 462 provides that law enforcement agencies may purchase opioid antagonists and provide them to "peace officers."  Peace officers may then administer the drugs to an individual as long as they (1) have received training in their administration and (2) have reason to believe the individual is experiencing an opioid-related overdose.  As long as the law enforcement agency and peace officer act in good faith and their acts do not constitute gross negligence, they are immune from civil liability and criminal prosecution.

House Bill 5790 would expand the definition of "peace officer" to include the following:

·         Local corrections officer: any person employed by a county sheriff in a local correctional facility as a corrections officer or that person's supervisor or administrator.

·         State correctional officer: any person employed by the Department of Corrections in a correctional facility as a correctional officer or a corrections medical aide, or that person's immediate supervisor.

FISCAL IMPACT:

The bill would have no fiscal impact on the Michigan State Police, local law enforcement agencies, the Department of Corrections, or Judiciary.

                                                                                        Legislative Analyst:   Jenny McInerney

                                                                                               Fiscal Analysts:   Kent Dell

                                                                                                                           Robin Risko            

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.