Legislative Analysis
Phone: (517) 373-8080
DISTRIBUTION OF NALOXONE
http://www.house.mi.gov/hfa
House Bill 5077 as reported from committee Analysis available at
Sponsor: Rep. Curt S. VanderWall http://www.legislature.mi.gov
House Bill 5078 as reported from committee
Sponsor: Rep. Carrie A. Rheingans
Committee: Health Policy
Revised 4-24-24
SUMMARY:
House Bills 5077 and 5078 would amend the Administration of Opioid Antagonists Act and
the Public Health Code, respectively, to expand the ability of certain agencies to distribute
drugs (such as Narcan) that can reverse the effects of an opioid overdose.
Current law allows an agency to purchase and possess an opioid antagonist and distribute it to
an employee or agent who has been trained in its use. The employee or agent may administer
it under certain circumstances, and the law provides immunity for its good-faith administration.
The bills would authorize an agency to obtain opioid antagonists by means other than purchase
and specifically allow an agency or its employee or agent to directly or indirectly distribute the
opioid antagonist to any individual (i.e., not just to administer it). Current immunity from
criminal prosecution or civil liability (in the absence of willful or wanton misconduct) would
apply to obtaining or distributing an opioid antagonist under the bills.
Opioid antagonist means naloxone hydrochloride or an equally safe and effective drug
approved by the Food and Drug Administration for the treatment of drug overdose.
Agency means any of the following (but does not include a life support agency or other
provider of emergency medical services):
• This state and its agencies, departments, commissions, courts, boards, and
statutorily created task forces
• A public university or college of this state.
• A city, village, or township or any combination of them when acting jointly.
• A county, county road commission, school district, public library, port district,
metropolitan district, or transportation authority; a combination of these acting
jointly; an agency, department, court, board, or council of them; or a district or
authority authorized by law or formed by one or more of these entities.
Employee or agent means an individual employed by an agency, under contract with
an agency, serving on the governing body of an agency, or volunteering with an agency.
Neither bill can take effect unless both are enacted.
HB 5077: MCL 15.673 and 15.677 and proposed MCL 15.676
HB 5078: MCL 333.17744b
House Fiscal Agency Page 1 of 2
BRIEF DISCUSSION:
Naloxone hydrochloride is a nonaddictive drug that can safely and rapidly reverse the effects
of an opioid overdose. (Among other substances, opioids include heroin, fentanyl, and such
prescription drugs such as Vicodin, Dilaudid, Demerol, OxyContin, and Percocet.) Naloxone
is commonly known by the brand names Narcan (a nasal spray) and Evzio (a prefilled auto-
injection device). Administered to an individual whose breathing has slowed or stopped due to
an opioid overdose, naloxone can quickly restore normal breathing. That is, it can save lives. 1
In response to the ongoing opioid epidemic, Michigan has taken steps to ensure that naloxone
is more widely and readily available when needed, including enacting the Administration of
Opioid Antagonists Act described above. However, that law technically now only allows
agencies and their employees to administer naloxone to someone who has overdosed. It does
not authorize them to otherwise distribute naloxone (for example, for someone to have on hand
for themselves or a loved one in case of emergency). According to committee testimony, by
specifically allowing the distribution of naloxone to anyone who wants or may need it, the bills
would help get more naloxone into more hands for timely access when seconds count.
FISCAL IMPACT:
House Bills 5077 and 5078 would have an indeterminate fiscal impact on the state and on local
units of government. To the extent provisions of the bills result in fewer cases of civil and
criminal liability, costs to the state and to local court systems could be decreased. A reduction
in the number of civil actions would result in a decrease in the number of court cases and the
associated administrative costs, a reduction in the number of felony charges would result in
decreased costs related to the state correctional system, and a reduction in the number of
misdemeanor charges would result in decreased costs related to county jails or local
misdemeanor probation supervision. It is difficult to project the actual fiscal impact to courts
due to variables such as judicial discretion and complexity of cases.
POSITIONS:
A representative of the Flint Odyssey House testified in support of the bills. (10-26-23)
The following entities indicated support for the bills:
• Department of Health and Human Services (3-5-24)
• Michigan Association for Local Public Health (10-26-23)
• Families Against Narcotics (3-5-24)
• University of Michigan Opioid Research Institute (3-4-24)
• Substance Use Disorder Services Directors (3-5-24)
• Michigan Nurses Association (3-5-24)
Legislative Analyst: Rick Yuille
Fiscal Analysts: Robin Risko
Marcus Coffin
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
1
https://www.michigan.gov/opioids/find-help/naloxone-page
House Fiscal Agency HBs 5077 and 5078 as reported Page 2 of 2


Statutes affected:
House Introduced Bill: 333.17744
As Passed by the House: 333.17744
As Passed by the Senate: 333.17744
House Concurred Bill: 333.17744