PRINTER'S NO. 3479
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2128
Session of
2015
INTRODUCED BY HEFFLEY, BAKER, READSHAW, TAYLOR, R. BROWN,
DiGIROLAMO, V. BROWN, ROZZI, STEPHENS, COX, WATSON, PHILLIPS-
HILL, MILNE AND GABLER, JUNE 9, 2016
REFERRED TO COMMITTEE ON HUMAN SERVICES, JUNE 9, 2016
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
drug overdose medication and providing for requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.8 of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, added September 30, 2014 (P.L.2487,
No.139), is amended to read:
Section 13.8. Drug Overdose Medication.--(a) The
department, in carrying out its duties under 28 Pa. Code Ch.
1023 (relating to personnel), shall have the following duties:
(1) By December 31, 2014, amend the prehospital practitioner
scope of practice of emergency medical services providers to
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include the administration of naloxone.
(2) In consultation with the Pennsylvania Emergency Health
Services Council, implement training, treatment protocols,
equipment lists and other policies and procedures for all types
of emergency medical services providers and recovery houses.
(3) In consultation with the Department of Drug and Alcohol
Programs, develop or approve training and instructional
materials about recognizing opioid-related overdoses,
administering naloxone and promptly seeking medical attention.
The training and instruction materials shall be provided free of
charge on the Internet.
(b) A law enforcement agency, fire department [or], fire
company or recovery house may enter into written agreements with
emergency medical services agencies, with the consent of that
agency's medical director or a physician, to do the following:
(1) Obtain a supply of naloxone.
(2) Authorize a law enforcement officer [or], firefighter or
staff member of a recovery house who has completed training
under subsection (a)(2), or who has received the training and
instructional materials under subsection (a)(3), to administer
naloxone to an individual undergoing or believed to be
undergoing an opioid-related drug overdose.
(c) Notwithstanding any other law to the contrary, a health
care professional otherwise authorized to prescribe naloxone may
dispense, prescribe or distribute naloxone directly or by a
standing order to an authorized law enforcement officer [or],
firefighter or staff member of a recovery house in accordance
with an agreement under subsection (b) or to a person at risk of
experiencing an opioid-related overdose or family member, friend
or other person in a position to assist a person at risk of
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experiencing an opioid-related overdose.
(d) The provisions of the act of September 27, 1961
(P.L.1700, No.699), known as the "Pharmacy Act," shall not apply
to a law enforcement officer [or], firefighter or staff member
of a recovery house who stores naloxone pursuant to an agreement
under subsection (b), and in accordance with directions from the
health care professional that prescribed, dispensed or
distributed the naloxone, or to a person or organization acting
at the direction of a health care professional authorized to
prescribe naloxone so long as such activities are undertaken
without charge or compensation.
(e) (1) A licensed health care professional who, acting in
good faith, prescribes or dispenses naloxone shall not be
subject to any criminal or civil liability or any professional
disciplinary action for:
(i) such prescribing or dispensing; or
(ii) any outcomes resulting from the eventual administration
of naloxone.
(2) The immunity under paragraph (1) shall not apply to a
health professional who acts with intent to harm or with
reckless indifference to a substantial risk of harm.
(f) (1) A person, law enforcement agency, fire department
[or], fire company or recovery house under subsection (b)(2) or
(c) who, acting in good faith and with reasonable care,
administers naloxone to another person whom the person believes
to be suffering an opioid-related drug overdose:
(i) Shall be immune from criminal prosecution, sanction
under any professional licensing statute and civil liability for
such act.
(ii) Shall not be subject to professional review for such
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act.
(iii) Shall not be liable for any civil damages for acts or
omissions resulting from such act.
(2) Receipt of training and instructional materials that
meet the criteria of subsection (a) and the prompt seeking of
additional medical assistance shall create a rebuttable
presumption that the person acted with reasonable care in
administering naloxone.
(g) Nothing in this section shall be interpreted to limit
any existing immunities for emergency response providers and
others provided for under 42 Pa.C.S. ยง 8332 (relating to
emergency response provider and bystander good Samaritan civil
immunity).
(h) As used in this section, the term "recovery house" shall
mean a safe and supportive, alcohol-free and drug-free
environment where residents in recovery from alcohol or other
drug addiction live together as a community. This definition
shall also apply to residences described as sober houses,
transitional houses or houses where there are residents in
recovery from alcohol or other drug addiction.
Section 2. The act is amended by adding a section to read:
Section 13.9. Requirements.--(a) Every recovery house shall
maintain a supply of naloxone at all times for use in the case
of a drug overdose event.
(b) Staff and residents of a recovery house shall utilize
the training under section 13.8(a)(3).
(c) In any instance where naloxone is administered to an
individual experiencing a drug overdose event at a recovery
house, a staff member of the recovery house shall ensure that
the individual is transported to the nearest hospital emergency
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department for medical care.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Drug overdose event." An acute medical condition,
including, but not limited to, severe physical illness, coma,
mania, hysteria or death, which is the result of consumption or
use of one or more controlled substances causing an adverse
reaction. A patient's condition shall be deemed to be a drug
overdose if a prudent layperson, possessing an average knowledge
of medicine and health, would reasonably believe that the
condition is in fact a drug overdose and requires immediate
medical attention.
"Recovery house." A safe and supportive, alcohol-free and
drug-free environment where residents in recovery from alcohol
or other drug addiction live together as a community. This
definition shall also apply to residences described as sober
houses, transitional houses or houses where there are residents
in recovery from alcohol or other drug addiction.
Section 3. This act shall take effect in 60 days.
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