PRINTER'S NO. 499
No. 431 Session of 2007
INTRODUCED BY CAPPELLI, BARRAR, BEYER, BOYD, CALTAGIRONE, COX, CREIGHTON, FREEMAN, GEIST, GINGRICH, HARHAI, HARRIS, HENNESSEY, HERSHEY, HESS, HORNAMAN, MARSICO, M. O'BRIEN, O'NEILL, PHILLIPS, PYLE, REICHLEY, RUBLEY, SCAVELLO, SCHRODER, SOLOBAY, STERN, SURRA, J. TAYLOR, TURZAI AND YOUNGBLOOD, FEBRUARY 26, 2007
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 26, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for the offense of failure 3 to report drug overdose; and imposing a penalty. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 18 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 5113. Failure to report drug overdose. 9 (a) Duty to report.-- 10 (1) Except as set forth in subsection (b), a physician, 11 intern or resident or any person conducting, managing or in 12 charge of any hospital or pharmacy, or in charge of any ward 13 or part of a hospital, to whom shall come or be brought any 14 person suffering from a drug overdose by the person's own act 15 or by the act of another commits a summary offense if the 16 physician, intern, resident or such person fails to report
1 the overdose immediately, as required under paragraph (2), 2 both by telephone and in writing, to the chief of police or 3 other head of the police department of the local government, 4 or to the Pennsylvania State Police. 5 (2) The report shall state the overdose patient's name, 6 if known, the overdose patient's whereabouts and the nature 7 and extent of the overdose. 8 (b) Exception.--Failure to report under subsection (a) does 9 not constitute an offense if all of the following apply: 10 (1) The overdose patient is an adult. 11 (2) The overdose patient has been informed: 12 (i) of the physician's, intern's, resident's or such 13 person's duty to report under subsection (a); and 14 (ii) that the report under subsection (a) cannot be 15 made without the overdose patient's consent. 16 (3) The overdose patient does not consent to the report 17 under subsection (a). 18 (4) The overdose patient has been provided with a 19 referral to an appropriate service agency such as a drug and 20 alcohol treatment program. 21 (c) Immunity granted.--No physician, intern, resident or 22 other person shall be subject to civil or criminal liability by 23 reason of complying with this section. 24 (d) Physician-patient privilege unavailable.-- 25 (1) In any judicial proceeding resulting from a report 26 pursuant to this section, the physician-patient privilege 27 shall not apply in respect to evidence regarding such 28 overdose or the cause thereof. 29 (2) This subsection shall not apply where there is a 30 failure to report that satisfies the provisions under 20070H0431B0499 - 2 -
1 subsection (b).
2 Section 2. This act shall take effect in 60 days.
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