[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 3-16-2017 by Res. No. 03-16-17-11. Amendments noted where applicable.]
The title of this chapter shall be the "Nottawaseppi Huron Band of the Potawatomi Liability for Emergency Care Code" or "Liability for Emergency Care Code."
The Liability for Emergency Care Code is authorized by the Tribal Council in the exercise of its powers under Article VI, Section 1(a) and 1(1) of the Tribe's Constitution.
The purpose of the Liability for Emergency Care Code is to clarify that a person who attempts to offer reasonable assistance in an emergency situation will not be civilly liable for any resulting damages.
As used in this chapter, the following terms shall have the meanings indicated:
- To issue one (1) or more doses of a drug for subsequent administration to, or use by, a patient.
- DISPENSING PRESCRIBER
- A prescriber, other than a veterinarian, who dispenses prescription drugs.
- GROSS NEGLIGENCE
- Conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
- LAW ENFORCEMENT AGENCY
- An entity of this Tribe, an entity of the United States of America, an entity of the State of Michigan, or of a local unit of government of the State of Michigan that employs peace officers.
- OPIOID ANTAGONIST
- Naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of drug overdose.
- OPIOID-RELATED OVERDOSE
- A condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, that results from the consumption or use of an opioid or another substance with which an opioid was combined or that a reasonable person would believe to be an opioid-related overdose that requires medical assistance.
- PEACE OFFICER
- One (1) or more of the following:
- A. A regularly employed member of a law enforcement agency authorized and established under law, including common law, who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of Nottawaseppi Huron Band of the Potawatomi (NHBP), the United States of America, or the State of Michigan.
- B. A law enforcement officer of any other Indian tribal police force in Michigan.
- C. A police officer or public safety officer who is responsible or authorized to enforce NHBP criminal law under the terms and conditions of an agreement or memorandum of understanding with NHBP.
- An individual licensed to engage in the practice of pharmacy.
- A licensed dentist, a licensed doctor of medicine, a licensed doctor of osteopathic medicine and surgery, a licensed doctor of podiatric medicine and surgery, a licensed optometrist certified to administer and prescribe therapeutic pharmaceutical agents, a licensed veterinarian, or another licensed health professional acting under the delegation and using, recording, or otherwise indicating the name of the delegating licensed doctor of medicine or licensed doctor of osteopathic medicine and surgery.
- REASONABLE ASSISTANCE
- Cardiopulmonary resuscitation, use of an external defibrillator, use of first aid techniques, or the reasonable use of other life-saving equipment, medicine, or techniques, provided that such means do not constitute gross negligence or willful or wonton misconduct.
- WILLFUL OR WONTON MISCONDUCT
- An act that is either intended to cause injury or acting with a conscious disregard that an injury will result due to the actor's actions.
A prescriber may issue a prescription for and a dispensing prescriber or pharmacist may dispense an opioid antagonist to any of the following:
An individual patient at risk of experiencing an opioid-related overdose.
A family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid-related overdose.
Any other person that meets all of the following requirements:
Acts at the direction of the prescriber or dispensing prescriber.
Upon receipt of an opioid antagonist, stores the opioid antagonist in compliance with this chapter.
Dispenses or administers an opioid antagonist under a validly issued prescription.
Performs the requirements under this subsection without charge or compensation.
When issuing a prescription for or dispensing an opioid antagonist as authorized under this section to a person other than a patient, the prescriber, dispensing prescriber, or pharmacist, as appropriate, shall insert the name of the person as the name of the patient.
Notwithstanding any provision of this act to the contrary, a person that is acting in good faith and with reasonable care may possess and dispense an opioid antagonist.
A prescriber who issues a prescription for or a dispensing prescriber or pharmacist who dispenses an opioid antagonist as authorized under this section is not liable in a civil action for a properly stored and dispensed opioid antagonist that was a proximate cause of injury or death to an individual due to the administration of or failure to administer the opioid antagonist.
An individual who in good faith believes that another individual is suffering the immediate effects of an opioid-related overdose and who administers an opioid antagonist to the other individual is not liable in a civil action for damages resulting from the administration.
This section does not apply in any of the following circumstances:
If the individual who administers the opioid antagonist is a physician, physician's assistant, registered nurse, or licensed practical nurse and the opioid antagonist is administered in a hospital.
If the conduct of the individual administering the opioid antagonist is willful or wanton misconduct.
An individual who in good faith, having no duty to do so, voluntarily renders reasonable assistance to another individual is not liable in a civil action for damages resulting from an act or omission in rendering that assistance.
A law enforcement agency may purchase and possess any opioid antagonist for purposes of this act and distribute that opioid antagonist to peace officers in its employ who have been trained in the administration of that opioid antagonist for purposes of this act.
A peace officer may possess any opioid antagonist distributed to that peace officer in conformity with this code and may administer that opioid antagonist to an individual if both of the following apply:
A law enforcement agency that purchases, possesses, or distributes any opioid antagonist under § 8.18-8, and any peace officer that possesses or in good faith administers an opioid antagonist under § 8.18-9, is immune from civil liability for injuries or damages arising out of the administration of that opioid antagonist to any individual under this act if the conduct does not amount to gross negligence that is the proximate cause of the injury or damage.
A law enforcement agency that purchases, possesses, or distributes any opioid antagonist under § 8.18-8, and any peace officer that possesses or in good faith administers an opioid antagonist under § 8.18-9, is not subject to criminal prosecution for purchasing, possessing, distributing, or administering any opioid antagonist to any individual under this act.
If any provision of this code, or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, or invalidate the remainder of this code, which shall continue in full force and effect.
This code shall have immediate effect upon adoption of the Tribal Council.