NONOPIOID DIRECTIVE FORM; EXCEPTION                              H.B. 5261 (H-1):

                                                                  SUMMARY OF HOUSE-PASSED BILL

                                                                                              IN COMMITTEE

House Bill 5261 (Substitute H-1 as passed by the House)

Sponsor:  Representative Abdullah Hammoud

House Committee:  Health Policy

Senate Committee:  Health Policy and Human Services

Date Completed:  2-3-22

CONTENT

The bill would amend Section 9415 of the Public Health Code to allow certain prescribers or health professionals to administer an opioid to an individual who had executed a nonopioid directive form if the opioid were for intraoperative use.

Section 9415 requires the Department of Health and Human Services to develop a nonopioid directive form that indicates that an individual who has executed the form or who had a form executed on the his or her behalf may not be administered or offered a prescription for an opioid.

A prescriber who holds a controlled substances license under Article 7 (Controlled Substances) of the Code or a health professional who is a practical nurse or registered professional nurse and is acting on the order of the prescriber may administer an opioid to an individual who has executed a nonopioid directive form or who has had a nonopioid directive form executed on his or her behalf if the individual is being treated at a hospital or in a setting outside of a hospital in the case of an emergency and, in the prescriber's professional opinion, the administration of the opioid is medically necessary to treat the individual.

Under the bill, a prescriber or health professional described in Section 9415 also could administer an opioid to an individual who had executed a nonopioid directive form or who had had a nonopioid directive form executed on his or her behalf if the opioid were for intraoperative use.

MCL 333.9415                                          Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                       Fiscal Analyst:  Ellyn Ackerman

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.