Health: pharmaceuticals; distribution of naloxone under the administration of opioid antagonist act to any individual; provide for. Amends title & secs. 103 & 107 of 2019 PA 39 (MCL 15.673 & 15.677) & adds sec. 106.

2023-2024 Regular Session Introduced by Abraham Aiyash and 22 co-sponsors

Allows government entities and their staff to distribute naloxone to any person, with broad civil/criminal immunities, aiming to boost life-saving overdose reversals.

assigned PA 231'24

#controlledsubstances:other #health:pharmaceuticals

Purpose

HB 5077 amends the Administration of Opioid Antagonists Act (2019 PA 39) to expand access to opioid antagonists (e.g., naloxone) by allowing certain government and public agencies — and their employees or agents — not only to carry and administer these drugs but also to directly or indirectly distribute them to any individual. The change is intended to increase community access to life‑saving opioid overdose reversal medications.

Key provisions

Adds new section 106 to the Act (amending MCL 15.673 and 15.677):

An agency that purchases or otherwise obtains and possesses an opioid antagonist, or an employee/agent who has been given opioid antagonist by the agency, may directly or indirectly distribute that opioid antagonist to any individual.
The Act explicitly allows agencies to “obtain” opioid antagonists by means other than purchase.

Expands existing immunity and criminal‑prosecution protections:

Agencies that obtain, possess, or distribute opioid antagonists are immune from civil liability for injury, death, or damages arising from administration or distribution unless the conduct amounts to gross negligence (as defined in MCL 691.1407).
Employees/agents who possess, administer, fail to administer, or distribute opioid antagonists are immune from civil liability unless their conduct constitutes willful or wanton misconduct.
Agencies and covered employees/agents are not subject to criminal prosecution under the Act for obtaining, possessing, distributing, administering, or failing to administer opioid antagonists.

Tie‑bar: HB 5077 was enacted together with HB 5078 (which amends the Public Health Code to allow prescribers/pharmacists to issue/dispense opioid antagonists to agencies authorized under the Act).

Who is affected

“Agency” (as used in related materials) includes state agencies, public universities/colleges, counties, cities, townships, school districts, public libraries, port districts, metropolitan districts, transportation authorities, and similar public entities — but excludes life support agencies or other EMS providers.

“Employee or agent” includes employees, contractors, governing‑board members, and volunteers of those agencies.

Individuals in the public who receive naloxone (or equivalent FDA‑approved opioid antagonists) through agency distribution.

Fiscal and policy impacts

Fiscal effect is indeterminate. Nonpartisan analyses note potential positive fiscal impact from fewer civil and criminal cases (reduced court, corrections, and litigation costs) if prosecutions/claims decline.

Policy impact: broadens pathways for naloxone distribution, potentially increasing timely access and reducing opioid overdose deaths.

Legislative and effective dates

Introduced: October 3, 2023 (Rep. Curtis VanderWall et al.)

Passed House: April 24, 2024; Passed Senate: December 10, 2024

Approved by Governor: January 17, 2025; filed with Secretary of State: January 17, 2025

Effective date: April 2, 2025

Enrolled as: Public Act No. 231 of 2024

Related: HB 5078 (tie‑bar) and companion SB 821.

Bill