PRINTER'S NO. 723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
677
Session of
2017
INTRODUCED BY BARBIN, MILLARD, MURT, WARD, A. HARRIS, D. COSTA
AND McNEILL, MARCH 2, 2017
REFERRED TO COMMITTEE ON HEALTH, MARCH 2, 2017
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for emergency overdose
involuntary commitment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 82
EMERGENCY OVERDOSE INVOLUNTARY COMMITMENT
Sec.
8201. Scope of chapter.
8202. Declaration of policy.
8203. Definitions.
8204. Involuntary emergency commitment.
8205. Immunity.
§ 8201. Scope of chapter.
This chapter relates to emergency overdose involuntary
commitment.
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§ 8202. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Life-threatening overdoses of heroin and other
opioids provide a unique health problem to the residents of
this Commonwealth.
(2) The use of heroin and other opioids can constitute a
life-threatening addiction which deprives users of the
capacity to exercise self-control, judgment and discretion in
making basic decisions.
(3) The use of opioid blockers has saved the lives of
users of heroin and other opioids; however, the effect of the
blocker is relatively short-lived and is of shorter duration
than the effect of heroin or other opioids.
(4) It is in the public interest to ensure individuals
who have overdosed on heroin or other opioids are not
immediately released and to ensure that assessment is
completed to protect them, their children who are minors,
other members of their families and their communities.
§ 8203. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Health care practitioner." An individual authorized to
practice a component of the healing arts with a license, permit
or registration.
"Health care provider." An individual, trust, estate,
partnership, corporation, association, joint stock company, the
Commonwealth, political subdivision, instrumentality, municipal
corporation or authority that operates a hospital.
"Hospital." The term includes general, specialty and
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psychiatric hospitals.
"Involuntary emergency commitment." Commitment within a
hospital, irrespective of the patient's stated wishes, for a
period of at least 48 hours, to be measured from the time of a
patient's arrival at the hospital to treat an overdose of heroin
or other opioids and which commitment includes the
administration of naloxone or a similar opioid blocker to
prevent the patient's death.
§ 8204. Involuntary emergency commitment.
(a) Persons subject to involuntary emergency commitment for
opioid use.--
(1) An individual who has consumed opioids, or a
combination of opioids and other substances, in such quantity
that medical intervention has been utilized to prevent death
or serious bodily injury to the individual or others is
subject to mandatory involuntary commitment under this
section.
(2) In such circumstances, a health care practitioner,
as well as the hospital, or agent or employee of the
hospital, shall admit the individual for involuntary
emergency treatment. The involuntary emergency medical
treatment may not exceed 48 hours in duration, measured from
time of entry to a hospital, during which time a drug and
alcohol assessment must be provided to the individual.
(3) All health care practitioners, as well as a
hospital, or agent or employee of a hospital, shall be immune
from liability for actions taken in good faith under this
subsection.
(b) Assessment.--
(1) A drug and alcohol assessment, including blood work
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to identify the illegal drugs or alcohol level causing the
overdose, shall be completed during the commitment.
(2) In the event that the patient has underage children
living with the patient, the county children and youth agency
shall be notified within 24 hours of entry to a hospital. A
copy of the assessment shall be provided to the county
children and youth agency.
§ 8205. Immunity.
A health care practitioner, a hospital or an agent or
employee of a hospital shall be immune from liability for an
action taken in good faith under this chapter.
Section 2. This act shall apply to an individual who is
treated for an overdose on or after the effective date of this
act.
Section 3. This amendatory act shall be known and may be
cited as Summer's Protection Act.
Section 4. This act shall take effect in 60 days.
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