A glance at the news tells us there is an epidemic of opioid use, which unfortunately does not seem to be slowing down. According to the Centers for Disease Control, in 2019 nearly 50,000 people died from opioid overdoses.[1] Naloxone, an opioid antagonist, can reverse the effects of opioid overdose when administered in time.

In 2015 the Michigan Prescription Drug and Opioid Task Force was formed and proposed a multipronged approach to combat opioid use in Michigan. As part of its recommendations, it suggested schools should have access to Naloxone.

After that study, Michigan passed Public Acts 384 and 385 of 2016, which allowed school districts to obtain a prescription for an opioid antagonist, and gave the option for school districts to adopt policies around them. Subsequently, in 2019 Michigan passed Public Act 39, the Administration of Opioid Antagonists Act which expanded the powers of governmental agencies, including school districts, to purchase and possess opioid antagonists for the purpose of distributing them to employees or agents who have been trained in how to administer the medication. Employees or agents who are trained in administering the medication and who believe that an individual is experiencing an opioid overdose are empowered to administer the drug. Additionally, the law creates immunity from civil liability for agencies and individuals who administer, or fail to administer, the opioid antagonist in cases where it is available.

School districts may wish to consider carrying naloxone in their buildings to help address the opioid crisis. If a district chooses to do so, we recommend it review its policies to ensure they address this issue.

If you have any legal questions regarding this, or any other matter, please contact our Labor Relations and Legal Services team.