[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.
A prescriber, other than a veterinarian, who dispenses prescription
drugs.
Conduct so reckless as to demonstrate a substantial lack
of concern for whether an injury results.
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.
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.
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.
One (1) or more of the following:
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.
A law enforcement officer of any other Indian tribal police
force in Michigan.
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.
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.
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.Â
A prescriber may issue a prescription for and a dispensing prescriber
or pharmacist may dispense an opioid antagonist to any of the following:
(1)Â
An individual patient at risk of experiencing an opioid-related overdose.
(2)Â
A family member, friend, or other individual in a position to assist
an individual at risk of experiencing an opioid-related overdose.
(3)Â
Any other person that meets all of the following requirements:
(a)Â
Acts at the direction of the prescriber or dispensing prescriber.
(b)Â
Upon receipt of an opioid antagonist, stores the opioid antagonist
in compliance with this chapter.
(c)Â
Dispenses or administers an opioid antagonist under a validly
issued prescription.
(d)Â
Performs the requirements under this subsection without charge
or compensation.
B.Â
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.
C.Â
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.
D.Â
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.
A.Â
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.
B.Â
This section does not apply in any of the following circumstances:
(1)Â
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.
(2)Â
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.Â
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.
B.Â
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.
