Print

Print


Hi Medlibbers,

I receive notifications from my State legislature's Health Policy
Committee, and I just saw this analysis of a proposed bill today.  This
Sentate Bill would spell out the terms for a public library being able to
dispense Naloxone to counteract an opioid overdose, and would provide legal
immunity to library staff that administered the drug in good faith and
without gross negligence. As currently written, it excludes "professional"
libraries, which I believe would include Medical Libraries, but I thought
you might find it interesting nonetheless.  (Text of the bill is below.)

All my very best,

Annie

PUBLIC LIBRARY: OPIOID ANTAGONIST

S.B. 828 & 829: SUMMARY OF INTRODUCED BILL IN COMMITTEE

Senate Bills 828 and 829 (as introduced 2-15-18)

Sponsor: Senator Rick Jones (S.B. 828) Senator Margaret E. O'Brien (S.B.
829)

Committee: Health Policy Date Completed: 4-24-18

CONTENT Senate Bill 828 would create the "Administration of Opioid
Antagonists by Library Employees Act" to do the following:

 -- Allow a public library to purchase and possess an opioid antagonist,
and distribute it to a library employee or agent.

-- Permit a library employee or agent to administer an opioid antagonist to
an individual, if the employee or agent had been trained in the
administration of an opioid antagonist and believed the individual was
experiencing an opioid-related overdose.

-- Exempt from civil liability a public library that purchased, possessed,
or distributed an opioid antagonist, and a library employee or agent who
possessed or in good faith administered an opioid antagonist, if the
conduct did not amount to gross negligence.

-- Exempt from criminal prosecution a public library that purchased,
possessed, or distributed an opioid antagonist, and a library employee or
agent who possessed or in good faith administered an opioid antagonist.

Senate Bill 829 would amend the Public Health Code to allow a prescriber to
issue a prescription for, and allow a dispensing prescriber or pharmacist
to dispense an opioid antagonist to a public library employee for the
purposes of the proposed Administration of Opioid Antagonists by Library
Employees Act.

Each bill would take effect 90 days after enactment. The bills are
tie-barred.

Senate Bill 828 The proposed Act would allow a public library to purchase
and possess an opioid antagonist and distribute it to a library employee or
agent who had been trained in the administration of that opioid antagonist.

"Public library" would mean a library that is lawfully established for free
public purposes by one or more counties, cities, townships, villages,
school districts, or other local governments, or a combination of those
entities, or by a public or local act, of which the entire interests belong
to the general public. The term would not include a special library such as
a professional, technical, or school library.

"Library employee or agent" would mean any of the following:

 Page 2 of 3 sb828/1718

-- An individual who is employed by a public library.

-- An individual who works in a public library under a contract with the
library.

-- An appointed or elected official who serves on the governing board of a
public library.

 -- An individual who volunteers with a public library.

"Opioid antagonist" would mean naloxone hydrochloride or any other
similarly acting and equally safe drug approved by the U.S. Food and Drug
Administration for the treatment of drug overdose.

 A library employee or agent would be allowed to possess an opioid
antagonist distributed to him or her, and to administer that opioid
antagonist to an individual if both of the following applied:

-- The employee or agent had been trained in the proper administration of
that opioid antagonist.

-- The employee or agent had reason to believe that the individual was
experiencing an opioid-related overdose.

 "Opioid-related overdose" would mean a condition, including 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 reasonable
person would believe to be an opioid-related overdose that requires medical
assistance.

A public library that purchased, possessed, or distributed an opioid
antagonist, and a library employee or agent who possessed or in good faith
administered an opioid antagonist, would be immune from civil liability for
injuries or damages arising out of the administration of that opioid
antagonist to an individual if the conduct did not amount to gross
negligence that was the proximate cause of the injury or damage, and would
not be subject to criminal prosecution for purchasing, possessing, or
distributing an opioid antagonist to an individual.

"Gross negligence" would mean that term as defined in the governmental
immunity law (conduct so reckless as to demonstrate a substantial lack of
concern for whether an injury results).

Senate Bill 829 The Code permits a prescriber to issue a prescription for
and a dispensing prescriber or pharmacist to dispense an opioid antagonist
to various individuals and entities, including the following:

-- An individual patient at risk of experiencing an opioid-related overdose.

 -- A family member, friend, or other individual at risk of experiencing an
opioid-related overdose.

 -- A school board for purposes of Section 1179b of the Revised School
Code.

(Section 1179b permits a school board to require, in each school it
operates, that there are at least two employees who have been trained in
the appropriate use and administration of an opioid antagonist. If the
school board does so, it must develop and implement a policy relating to
the possession and administration of an opioid antagonist.)

 Page 3 of 3 Bill Analysis @ www.senate.michigan.gov/sfa sb828/1718

*Schultz Legal Services, PLLC*
*Ann M. Schultz, Esq.*
*Licensed to Practice Law, State Bar of Michigan (P70355)*
*Estate Planning * Elder Law * Family Law * Business Law*
Office Address: 704 Huron Avenue, Port Huron, Michigan  48060
E-Mail: [log in to unmask]
Mobile/Office Telephone: (810) 858-7867
Home Telephone: (810) 385-5696
Alternate Office Telephone: (810) 982-9991
Office Fax: (810) 982-6650

State Bar of Michigan Lawyer Profile:
https://www.zeekbeek.com/lawyers/48060-MI-Ann-Schultz-62782

* Juris Doctor, Certificate in Health Law, Michigan State University
College of Law
* Master's Degree in Library & Information Science, Certificate in
Information Management, Wayne State University School of Library &
Information Science
* Bachelor of Arts Degree in Psychology & English, Albion College


"What do we live for if not to make the world less difficult for each
other."

     ~ George Eliot ~

"I know in my heart that man is good.  That what is right will always
eventually triumph and there is purpose and worth to each and every life."

     ~ Epitaph on Ronald Reagan's Grave Stone ~

"You are not here merely to make a living. You are here in order to enable
the world to live more amply, with greater vision, with a finer spirit of
hope and achievement. You are here to enrich the world, and you impoverish
yourself if you forget the errand."

     ~ Woodrow Wilson ~

"It always seems impossible until it's done."

     ~ Nelson Mandela ~


Legal Disclaimer: The transmitted material is intended only for the use of
the addressee. It may contain confidential, proprietary and / or legally
privileged information. If you are not the intended recipient, please be
aware that any review, use, dissemination, distribution, or copying of this
communication, in whole or in part, is prohibited. If you received this
communication in error, please notify us immediately by e-mail reply or by
phone (810-858-7867), delete the communication and destroy any copies.

E-mail Warning: This e-mail was swept for computer viruses. However, we
cannot guarantee that the integrity of this e-mail has been maintained in
transmission and do not accept responsibility for the consequences of any
virus contamination.