AN ACT

 

1Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
2as amended, "An act establishing the Pennsylvania Advisory
3Council on Drug and Alcohol Abuse; imposing duties on the
4Department of Health to develop and coordinate the
5implementation of a comprehensive health, education and
6rehabilitation program for the prevention and treatment of
7drug and alcohol abuse and drug and alcohol dependence;
8providing for emergency medical treatment; providing for
9treatment and rehabilitation alternatives to the criminal
10process for drug and alcohol dependence; and making repeals,"
11further providing for definitions; providing for opioid-
12related drug overdose death prevention programs; imposing 
13duties on the Department of Drug and Alcohol Programs and the 
14Department of Health; and making editorial changes.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1. The title of the act of April 14, 1972 (P.L.221,
18No.63), known as the Pennsylvania Drug and Alcohol Abuse Control
19Act, amended December 20, 1985 (P.L.529, No.119), is amended to

1read:

2AN ACT

3Establishing the Pennsylvania Advisory Council on Drug and 
4Alcohol Abuse; imposing duties on the Department of [Health] 
5Drug and Alcohol Programs to develop and coordinate the 
6implementation of a comprehensive health, education and 
7rehabilitation program for the prevention and treatment of 
8drug and alcohol abuse and drug and alcohol dependence; 
9providing for emergency medical treatment; providing for 
10treatment and rehabilitation alternatives to the criminal 
11process for drug and alcohol dependence; and making repeals.

12Section 2. The definition of "department" in section 2(b) of
13the act, amended December 20, 1985 (P.L.529, No.119), is amended
14and subsection (b) is amended by adding definitions to read:

15Section 2. Definitions:

16* * *

17(b) As used in this act:

18* * *

19"Department" means the Department of [Health] Drug and 
20Alcohol Programs.

21* * *

22"Drug overdose" means a condition that:

23(1) may include, but is not limited to, extreme physical
24illness, decreased level of consciousness, respiratory
25depression, coma, mania, hysteria or death resulting from the
26consumption or use of a drug or controlled substance, or
27another substance with which a drug or controlled substance
28is combined; or

29(2) a layperson would reasonably believe to be a drug
30overdose that requires medical assistance.

1* * *

2"Emergency medical services agency" means any emergency
3medical services agency as defined in 35 Pa.C.S. § 8103
4(relating to definitions).

5"Emergency medical services provider" means any emergency
6medical services provider as defined in 35 Pa.C.S. § 8103
7(relating to definitions).

8"Fire company" means a fire company as defined in 35 Pa.C.S.
9§ 7802 (relating to definitions).

10"Firefighter" means a person who is a member of:

11(1) a fire company organized and existing under the laws of
12this Commonwealth;

13(2) a fire police unit, rescue squad, ambulance corps or
14other like organization affiliated with one or more fire
15companies; or

16(3) a fire company or affiliated organization which
17participates in the fire service but does not look to that
18service as the person's primary means of livelihood.

19* * *

20"Law enforcement agency" means an agency or office that
21employes a law enforcement officer.

22"Law enforcement officer" means a peace officer or any other
23person who by virtue of the person's office or public employment
24is vested by law with a duty to maintain public order or to make
25arrests for offenses, whether that duty extends to all offenses
26or is limited to specific offenses. The term includes a sheriff
27and deputy sheriff.

28* * *

29"Opioid antagonist" means any drug, including, but not
30limited to, naloxone, that binds to opioid receptors and blocks

1or disinhibits the effects of opioids acting on those receptors.

2"Opioid-related drug overdose" means a condition that:

3(1) may include, but is not limited to, extreme physical
4illness, decreased level of consciousness, respiratory
5depression, coma or death resulting from the consumption or
6use of an opioid, or another substance with which an opioid
7is combined; or

8(2) a layperson would reasonably believe to be an
9opioid-related drug overdose that requires medical
10assistance.

11* * *

12"Secretary" means the Secretary of Drug and Alcohol Programs
13of the Commonwealth.

14* * *

15Section 3. The act is amended by adding a section to read:

16Section 6.1. Opioid-related Drug Overdose Death Prevention
17Programs.--(a) It is the intent of the General Assembly that
18the Commonwealth agencies and municipalities shall cooperate and
19coordinate with each other to further the purposes of this
20section.

21(b) The department shall include information about the
22following as part of the department's preparation of a broad
23variety of educational, prevention and intervention material for
24use in all media, to reach all segments of the population and
25that can be utilized by public and private entities in
26educational programs with respect to drug and alcohol abuse and
27dependence:

28(1) The significant threat of opioid-related drug overdose
29deaths.

30(2) Ways that Pennsylvania families can seek drug treatment

1for their loved ones.

2(3) Programs under the department's jurisdiction that are
3established under this section.

4(c) The following apply to the development or approval of
5training and instructional materials:

6(1) The department and the Department of Health shall
7coordinate in the development or approval of training and
8instructional materials for the purposes of:

9(i) Providing a police officer, law enforcement officer or
10firefighter with information on how to:

11(A) Identify a person who is undergoing or who is believed
12to be undergoing an opioid-related drug overdose.

13(B) Properly administer naloxone to the person undergoing or
14believed to be undergoing an opioid-related drug overdose.

15(C) Promptly seek additional medical assistance for the
16person undergoing or believed to be undergoing an opioid-related
17drug overdose.

18(ii) Providing a person at risk of undergoing an opioid-
19related overdose or a family member, friend or other person in a
20position to assist a person at risk of undergoing an opioid-
21related overdose with information on how to:

22(A) Identify a person who is undergoing or who is believed
23to be undergoing an opioid-related drug overdose.

24(B) Properly administer naloxone to the person undergoing or
25believed to be undergoing an opioid-related drug overdose.

26(C) Promptly seek additional medical assistance for the
27person undergoing or believed to be undergoing an opioid-related
28drug overdose.

29(2) Training and instructional materials developed or
30approved under paragraph (1) shall be finalized within sixty

1days of the effective date of this section.

2(3) Additional training or instructional materials may be
3developed or approved after the deadline in paragraph (2).

4(d) The Department of Health shall amend the Prehospital
5Practitioner Scope of Practice, by December 31, 2014, to add
6administration of naloxone to the scope of practice of each
7emergency medical services provider and, in consultation with
8the Pennsylvania Emergency Health Services Council, shall
9develop or amend any training, treatment protocols, equipment
10lists or other policies as necessary, which may differ by type
11of emergency medical services provider.

12(e) A police department, law enforcement agency or fire 
13company may enter into a written agreement with an emergency 
14medical services agency, with the consent of that agency's 
15medical director or a physician, to:

16(1) Obtain a supply of naloxone.

17(2) Authorize a police officer, law enforcement officer or
18firefighter who has completed training approved under this
19section to administer naloxone to a person undergoing or
20believed to be undergoing an opioid-related drug overdose under
21the standing order of the medical director or physician.

22(f) Notwithstanding any other law or regulation, a health
23care professional otherwise authorized to prescribe an opioid
24antagonist may, directly or by standing order, prescribe,
25dispense and distribute an opioid antagonist to an authorized
26police officer, authorized law enforcement officer, authorized
27firefighter, person at risk of experiencing an opioid-related
28overdose or family member, friend or other person in a position
29to assist a person at risk of experiencing an opioid-related
30overdose. The following apply:

1(1) A licensed health care professional who, acting in good
2faith and with reasonable care, prescribes or dispenses an
3opioid antagonist shall not be subject to any criminal or civil
4liability or any professional disciplinary action for:

5(i) such prescribing or dispensing; and

6(ii) any outcomes resulting from the eventual administration
7of the opioid antagonist.

8(2) Notwithstanding any other law, any person or
9organization may possess, hold and deliver an opioid antagonist.

10(3) A person who, acting in good faith and with reasonable
11care, administers an opioid antagonist to another person whom
12the person believes to be suffering an opioid-related drug
13overdose:

14(i) Shall be immune from criminal prosecution, sanction
15under any professional licensing statute and civil liability for
16such act.

17(ii) Shall not be subject to professional review for such
18act.

19(iii) Shall not be liable for any civil damages for acts or
20omissions resulting from such act.

21(4) Provision of training or instructional materials that
22meet the criteria of subsection (c)(1) shall create a rebuttable
23presumption that the person acted with reasonable care in
24prescribing and dispensing an opioid antagonist.

25(5) Receipt of training or instructional materials that meet
26the criteria of subsection (c)(1) and the prompt seeking of
27additional medical assistance shall create a rebuttable
28presumption that the person acted with reasonable care in
29administering an opioid antagonist.

30(g) To encourage good faith requests for medical assistance

1involving drug overdoses, the following shall be immune from
2being arrested, charged, prosecuted, charged with a probation or
3parole violation or convicted for committing a prohibited act
4under section 13 of the act of April 14, 1972 (P.L.233, No.64),
5known as The Controlled Substance, Drug, Device and Cosmetic
6Act, where the evidence for the arrest, charge, prosecution,
7probation or parole violation charge or conviction was obtained
8as a result of seeking medical assistance:

9(1) A person who, in good faith, seeks medical assistance
10for a person experiencing or whom the person reasonably believes
11to be experiencing a drug overdose.

12(2) A person who experiences a drug overdose and seeks
13medical assistance.

14(3) A person who is subject to a good faith request for
15medical assistance due to a drug overdose.

16(h) Notwithstanding any other law or regulation, a person or
17organization acting at the direction of a health care
18professional authorized to prescribe naloxone may store naloxone
19without being subject to the provisions of the act of September
2027, 1961 (P.L.1700, No.699), known as the Pharmacy Act, and may
21dispense naloxone under a valid prescription order, including a
22standing order, so long as such activities are undertaken
23without charge or compensation.

24(i) The department shall have the power to provide grants
25and contracts as needed for:

26(1) Drug overdose prevention, recognition and response,
27including naloxone administration.

28(2) Training related to naloxone administration for patients
29receiving opioids and their families and caregivers.

30(3) Naloxone prescription or distribution projects.

1(j) The Department of Health shall have the power to provide
2grants and contracts as needed for programs authorized under
3subsections (d) and (e).

4(k) The department shall include the following as part of
5its annual report to the General Assembly:

6(1) Statistics, trends, patterns and risk factors related to
7unintentional drug overdose fatalities occurring within this
8Commonwealth each year.

9(2) Information on interventions that would be effective in
10reducing the rate of fatal or nonfatal drug overdose.

11(l) The Department of Health shall annually report to the
12General Assembly on the adoption, utilization and effectiveness
13of programs authorized under subsections (d) and (e).

14Section 4. This act shall take effect in 60 days.