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HB 5078

Health: pharmaceuticals; distribution of opioid antagonists by employees and agents of agencies under the administration of opioid antagonists act; provide for. Amends sec. 17744b of 1978 PA 368 (MCL 333.17744b).

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

Allows public agencies to obtain, possess, and dispense opioid antagonists (e.g., naloxone) via prescribers/pharmacists, with liability protections to boost community access.

assigned PA 232'24
#controlledsubstances:other #health:pharmaceuticals
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Bill Summary · HB 5078

Summary — HB 5078 (Enrolled as Public Act 232 of 2024)

Status: Enacted (Public Act No. 232, 2024). Approved by Governor Jan 17, 2025; effective April 2, 2025. (Note: the act’s effectiveness is tied to enactment of companion HB 5077.)

Purpose

To expand lawful prescribing, dispensing, possession, and distribution of opioid antagonists (e.g., naloxone) by and to public agencies, and to clarify related liability protections. The change is intended to increase community access to overdose-reversal medication.

Key provisions

  • Amends section 17744b of the Michigan Public Health Code to allow a prescriber to issue a prescription for, and a dispensing prescriber or pharmacist to dispense, an opioid antagonist to an agency that is authorized under the Administration of Opioid Antagonists Act (2019 PA 39) to obtain, possess, and distribute opioid antagonists.
  • When dispensing to an agency or to a non‑patient person, the prescriber/pharmacist must list the agency or person as the “patient” on the prescription record.
  • Clarifies that an agency (or its employee/agent), subject to the Administration of Opioid Antagonists Act, may possess, administer, and distribute an opioid antagonist dispensed to the agency.
  • Confirms that a person acting in good faith and with reasonable care may possess and dispense an opioid antagonist.
  • Provides limited civil‑liability protection for prescribers/dispensing prescribers/pharmacists: they are not civilly liable for a properly stored and dispensed opioid antagonist that was a proximate cause of injury or death due to administration or failure to administer.
  • The act defines “opioid antagonist” as naloxone hydrochloride or an equally safe and effective FDA‑approved drug for treating overdose.
  • The bill is tie‑barred to HB 5077 (which expands agencies’ ability to obtain and distribute opioid antagonists and addresses immunity and criminal protections).

Definitions / Scope

  • “Agency” (under the companion Administration of Opioid Antagonists Act) 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 and other EMS providers.
  • “Employee or agent” includes employees, contractors, governing-board members, and volunteers.

Who is affected

  • Public agencies and their employees/agents that obtain opioid antagonists.
  • Prescribers, dispensing prescribers, and pharmacists who may issue/dispense opioid antagonists to agencies.
  • Members of the public who receive opioid antagonists distributed by agencies (directly or indirectly).

Immunity and criminal liability

  • The act supplements existing immunity frameworks in the Administration of Opioid Antagonists Act and the Public Health Code. Immunity protections in companion HB 5077 limit civil and criminal liability for agencies and trained employees except in cases of gross negligence or willful/wanton misconduct (as specified in the Administration Act).

Fiscal & practical impact

  • Nonpartisan analyses characterized fiscal impact as indeterminate. Potential reductions in civil/criminal prosecutions and related court/corrections costs are possible if broader distribution reduces arrests or litigation. The primary practical effect is anticipated increased availability of naloxone in communities.

Timeline & legislative history

  • Introduced Oct 3, 2023 (Rep. Carrie Rheingans). Passed both chambers in 2024 and enrolled as PA 232 in 2024; approved by Governor Jan 17, 2025. Effective date: April 2, 2025 (contingent on enactment of HB 5077).

Sponsors / related bills

  • Primary sponsor (original): Rep. Carrie Rheingans (co‑sponsors listed in bill history). Tie‑barred companion: HB 5077. Companion/related Senate bill: SB 1996 (companion).

Compiled from official sources — confirm details with the bill’s official record.

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