PRIOR PRINTER'S NO. 3004
PRINTER'S NO. 3150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2527
Session of
2022
INTRODUCED BY QUINN, GUENST, POLINCHOCK, HILL-EVANS, CIRESI,
STRUZZI, N. NELSON, SAPPEY, ROWE AND GILLEN, APRIL 20, 2022
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 24, 2022
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.
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, 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] AMEND the prehospital
practitioner scope of practice of emergency medical services
providers to include the administration of [naloxone] an opioid
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
antagonist.
(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.
(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] an opioid antagonist 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 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] an opioid antagonist.
(2) Authorize a law enforcement officer or firefighter who
has completed training under subsection (a)(2), or who has
received the training and instructional materials under
subsection (a)(3), to administer [naloxone] an opioid antagonist
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]
an opioid antagonist may dispense, prescribe or distribute
[naloxone] the opioid antagonist directly or by a standing order
to an authorized law enforcement officer or firefighter 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
20220HB2527PN3150 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
at risk of 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 who stores
[naloxone] an opioid antagonist pursuant to an agreement under
subsection (b), and in accordance with directions from the
health care professional that prescribed, dispensed or
distributed the [naloxone] opioid antagonist, or to a person or
organization acting at the direction of a health care
professional authorized to prescribe [naloxone] an opioid
antagonist 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] an opioid
antagonist 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] the opioid antagonist.
(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 under subsection (b)(2) or (c) who, acting in
good faith and with reasonable care, administers [naloxone] an
opioid antagonist 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.
20220HB2527PN3150 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) Shall not be subject to professional review for such
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] an opioid antagonist.
(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. § 8332 (relating to
emergency response provider and bystander good Samaritan civil
immunity).
(h) As used in this section, the term "opioid antagonist"
means a drug or device approved by the Federal Food, Drug and
Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for
emergency reversal of known or suspected opioid overdose,
including naloxone hydrochloride or other similarly acting drugs
approved by the United States Food and Drug Administration for
the treatment of an opioid overdose.
Section 2. This act shall take effect in 60 days.
20220HB2527PN3150 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22