Michigan Laws 15.677 – Immunity from civil liability or criminal prosecution
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Terms Used In Michigan Laws 15.677
- Agency: means a governmental agency. See Michigan Laws 15.671
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employee or agent: means any of the following:
(i) An individual who is employed by, or under contract with, an agency. See Michigan Laws 15.671Opioid antagonist: means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the United States Food and Drug Administration for the treatment of drug overdose. See Michigan Laws 15.671 State: means this state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces. See Michigan Laws 15.671
(1) An agency that purchases, possesses, or distributes an opioid antagonist under section 103 is immune from civil liability for injury, death, or damages arising out of the administration of that opioid antagonist to an individual under this act, if the conduct does not amount to gross negligence that is the proximate cause of the injury, death, or damages. As used in this subsection, “gross negligence” means that term as defined in section 7 of 1964 PA 170, MCL 691.1407.
(2) An employee or agent that possesses, administers, or fails to administer an opioid antagonist under section 105 is immune from civil liability for injury, death, or damages arising out of the administration or failure to administer that opioid antagonist to an individual under this act, if the conduct does not amount to willful or wanton misconduct that is the proximate cause of the injury, death, or damages.
(3) An agency that purchases, possesses, or distributes an opioid antagonist under section 103, and an employee or agent that possesses, administers, or fails to administer an opioid antagonist under section 105, is not subject to criminal prosecution for purchasing, possessing, or distributing an opioid antagonist under this act or for administering or failing to administer an opioid antagonist to an individual under this act.
(4) This section does not eliminate, limit, or reduce any other immunity or defense that may be available under the laws of this state.