Bill Summary – FastDemocracy

SENATE BILL NO. 1157
     November 26, 2024, Introduced by Senator IRWIN and referred to the Committee on Oversight.
          A bill to amend 1978 PA 368, entitled
    "Public health code,"
    by amending sections 9204 and 17744e (MCL 333.9204 and 333.17744e),
    section 9204 as amended by 2023 PA 97 and section 17744e as amended
    by 2022 PA 176.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 9204. (1) Except as otherwise provided in subsection (2),
 a health professional other than a physician may administer an
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 immunizing agent as long as if the immunizing agent is being
 administered under the direction of a physician and a health
 professional other than a physician or any other individual may
 administer an immunizing agent if it is being administered pursuant
 to a standing order issued under section 17744e.
       (2) In addition to administering an immunizing agent under the
 direction of a physician under subsection (1), a pharmacist may
 order and administer a qualified immunizing agent in accordance
 with section 17724.
       Sec. 17744e. (1) Notwithstanding any provision of this act to
 the contrary, the chief medical executive in the office of chief
 medical executive created within the department of health and human
 services qualified public health physician may issue a standing
 order that does not identify a particular patients patient at the
 time it is issued for a qualified drug or device if, in the
 judgment of the qualified public health physician, any of the
 following purposes:are met:
       (a) A pharmacist dispensing opioid antagonists to individuals
 under this section.
       (b) A community-based organization or a staff member of the
 community-based organization distributing opioid antagonists to
 individuals under this section.
       (a) Both of the following are met:
       (i) Issuing the standing order will significantly contribute to
 protecting or preserving public health such that the requirement
 that an individual obtain a prescription issued in the individual's
 name from a prescriber for the qualified drug or device is contrary
 to the interests of public health.
       (ii) The risks of issuing the standing order are insubstantial.
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       (b) Both of the following are met:
       (i) The standing order is necessary to protect or preserve
 public health from an emergent disease, event, or condition.
       (ii) The emergent disease, event, or condition requires
 distributing the qualified drug or device in a manner that makes
 the requirement that an individual obtain a prescription issued in
 the individual's name from a prescriber for the qualified drug or
 device contrary to the interests of public health.
       (2) A standing order must include all of the following
 information:
       (a) The purpose of the standing order.
       (b) The qualified drug or the device that is the subject of
 the standing order.
       (c) The individuals who are eligible to receive the qualified
 drug or the device under the standing order.
       (d) Whether the standing order is issued under subsection
 (1)(a) or (b).
       (e) The justification supporting the qualified public health
 physician's decision to issue the standing order under subsections
 (1)(a)(i) to (ii) or (1)(b)(i) to (ii), as applicable.
       (3) A standing order expires as follows:
       (a) Except as otherwise provided in this subdivision, if a
 standing order is issued under subsection (1)(a), the standing
 order expires on the date the standing order is rescinded by the
 qualified public health physician or 1 year after the date the
 standing order is issued, whichever is earlier. The qualified
 public health physician may extend the standing order beyond 1 year
 after the date the standing order is issued if, not later than 7
 days before the date the standing order is set to expire, the
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 qualified public health physician posts on the publicly accessible
 website for the department of health and human services an
 explanation of why the standing order is effective and why it is
 necessary to maintain the standing order.
       (b) Except as otherwise provided in this subdivision, if the
 standing order is issued under subsection (1)(b), the standing
 order expires on the date the qualified public health physician
 rescinds the standing order or 6 months after the date the standing
 order is issued, whichever is earlier. The qualified public health
 physician shall rescind a standing order issued under subsection
 (1)(b) if, in the professional judgment of the qualified public
 health physician, the emergent disease, event, or condition no
 longer meets the requirements described in subsection (1)(b)(ii).
 The qualified public health physician may extend the standing order
 beyond 6 months after the date the standing order is issued if, not
 later than 7 days before the date the standing order is set to
 expire, the qualified public health physician posts on the publicly
 accessible website for the department of health and human services
 an explanation of why the standing order is effective and why it is
 necessary to maintain the standing order.
       (4) (2) Notwithstanding any provision of this act to the
 contrary, a pharmacist may dispense, or a community-based
 distribute, or administer a qualified drug or device pursuant to a
 standing order and a community-based organization or a staff member
 of the community-based organization an employee of the department
 of health and human services or a local health department may
 distribute an opioid antagonist to any individual or administer a
 qualified drug or device pursuant to a standing order. issued by
 the chief medical executive under subsection (1) and the rules
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 promulgated under this section.
       (5) (3) The Except as otherwise provided in subsection (6),
 the following are not liable in a civil action for damages
 resulting from the dispensing of an opioid antagonist or the
 administration of or failure to administer the opioid
 antagonist:issuance of a standing order or from the dispensing,
 distribution, or administration of a qualified drug or device
 pursuant to a standing order, as follows:
       (a) The chief medical executive qualified public health
 physician who issues a the standing order for the opioid antagonist
 under this section.the qualified drug or device.
       (b) A pharmacist who dispenses, the opioid antagonist
 distributes, or administers the qualified drug or device as
 authorized under this section.the standing order.
       (c) A community-based organization that , or a staff member of
 the community-based organization who, distributes the opioid
 antagonist or administers the qualified drug or device as
 authorized under this section.the standing order.
       (d) An employee of the department of health and human services
 or a local health department who distributes or administers the
 qualified drug or device as authorized under the standing order.
       (4) The department, in consultation with the department of
 health and human services and local health departments, may
 promulgate rules regarding dispensing, training, distribution, and
 referral to implement this section.
       (6) The immunity granted under subsection (5) does not apply
 in the event of an act or omission that that is willful and wanton
 misconduct or gross negligence.
       (7) (5) As used in this section: , "community-based
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       (a) "Chief medical executive" means the chief medical
 executive in the office of chief medical executive created within
 the department of health and human services.
       (b) "Community-based organization" means a public or private
 organization that provides health or human services to meet the
 needs of a community, including, but not limited to, a nonprofit
 organization, a social service provider, or an organization
 providing substance use disorder prevention, treatment, recovery,
 or harm reduction services. A community-based organization does not
 include an agency as that term is defined in section 101 of the
 administration of opioid antagonists act, 2019 PA 39, MCL 15.671.
 Community-based organization includes an employee or a volunteer of
 the community-based organization.
       (c) "Qualified drug" means a drug other than a controlled
 substance.
       (d) "Qualified public health physician" means an individual
 who meets all of the following requirements:
       (i) The individual is in the classified state civil service.
       (ii) The individual is a physician licensed to practice
 medicine or osteopathic medicine and surgery under part 170 or 175.
       (iii) The individual is designated by the department of health
 and human services to provide medical and public health
 consultation and support to the chief medical executive and the
 deputy director for public health in the department of health and
 human services.
       (e) "Standing order" means an order that is issued under
 subsection (1).
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Statutes affected: 
Senate Introduced Bill: 333.9204, 333.17744