1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," providing for drug
11overdose response immunity.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The act of April 14, 1972 (P.L.233, No.64), known
15as The Controlled Substance, Drug, Device and Cosmetic Act, is
16amended by adding <-a section sections to read:

17Section 13.7. Drug Overdose Response Immunity.--(a) A
18person <-may not be charged and shall be immune from prosecution
19for any offense listed in subsection (b) and <-from for a
20violation of probation or parole if the person can establish the


2(1) law enforcement officers only became aware of the
3person's commission of an offense listed in subsection (b)
4because the person transported a person experiencing a drug
5overdose event to a law enforcement agency, a campus security
6office or a health care facility; or

7(2) all of the following apply:

8(i) <-law enforcement officers only became aware of the
9person's commission of an offense listed in subsection (b)
10because the person reported, in good faith, a drug overdose
11event to a law enforcement officer, the 911 system, a campus
12security officer or emergency services personnel<-, based on a and
13the report was made on the reasonable belief that another person
14was in need of immediate medical attention <-and was necessary to
15prevent death or serious bodily injury due to a drug overdose;

<-16(ii) the person reasonably believed he was the first person
17to contact a law enforcement officer, the 911 system, a campus
18security officer or emergency services personnel to report that
19the person needed immediate medical attention to prevent death
20or serious bodily injury due to a drug overdose;

21(iii) <-(ii) the person provided his own name and location and
22cooperated with the law enforcement officer, 911 system, campus
23security officer or emergency services personnel; and

<-24(iv) (iii) the person remained with the person needing
25immediate medical attention until a law enforcement officer, a
26campus security officer or emergency services personnel arrived.

27(b) The <-limited immunity prohibition on charging or
28prosecuting a person as described in subsection (a) bars
<-29prosecution charging or prosecuting a person for probation and
30parole violations and for violations of section 13(a)(5), (16),

1(19), (31), (32), (33) and (37).

<-2(c) The immunity described in this section also extends to
3the person who suffered the drug overdose event if all the
4conditions of subsection (a)(1) or (2) are satisfied.

5(c) Persons experiencing drug overdose events <-may not be
6charged and shall be immune from prosecution as provided in
7subsection (b) if a person who transported or reported and
8remained with them <-may not be charged and is entitled to
9immunity under this section.

10(d) The <-immunity prohibition on charging or prosecuting a
11person as described in this section is limited in the following

13(1) This section may not bar <-prosecutions or penalties
<-14charging or prosecuting a person for offenses enumerated in
15subsection (b) if a law enforcement officer obtains information
16prior to or independent of the action of seeking or obtaining
17emergency assistance as described in subsection (a).

18(2) This section may not interfere with or prevent the
19investigation, arrest<-, charging or prosecution of a person for
20the delivery or distribution of a controlled substance, drug-
21induced homicide or any other crime not set forth in subsection

23(3) This section may not bar the admissibility of any
24evidence in connection with the investigation and prosecution
25for any other prosecution not barred by this section.

26(4) This section may not bar the admissibility of any
27evidence in connection with the investigation and prosecution of
28a crime with regard to another defendant who does not
29independently qualify for the <-immunity prohibition on charging
30or prosecuting a person as provided for by this section.

<-1(e) In addition to any other applicable immunity or
2limitation on civil liability, a law enforcement officer or
3prosecuting attorney who, acting in good faith, charges a person
4who is thereafter determined to be entitled to immunity under
5this section shall be not be subject to civil liability for the
6filing of the charges.

<-7(e) Definitions.-- (f) As used in this section, the
8following words and phrases shall have the meanings given to
9them in this subsection unless the context clearly indicates

11"911 system." A system, including enhanced 911 service and a
12wireless E-911 system, that permits a person dialing 911 by
13telephone to be connected to a public safety answering point,
14via normal telephone facilities, for the reporting of police,
15fire, medical or other emergency situations.

16"Campus security officer." An employee of an institution of
17higher education charged with maintaining the safety and
18security of the property of the institution and the persons on
19the property.

20"Drug overdose event." An acute medical condition,
21including, but not limited to, severe physical illness, coma,
22mania, hysteria or death, which is the result of consumption or
23use of one or more controlled substances causing an adverse
24reaction. A patient's condition shall be deemed to be a drug
25overdose if a prudent layperson, possessing an average knowledge
26of medicine and health, would reasonably believe that the
27condition is in fact a drug overdose and requires immediate
28medical attention.

29"Emergency services personnel." Individuals, including a
30trained volunteer or a member of the armed forces of the United

1States or the National Guard, whose official or assigned
2responsibilities include performing or directly supporting the
3performance of emergency medical and rescue services or

5"Law enforcement officer." A person who by virtue of the
6person's office or public employment is vested by law with a
7duty to maintain public order or to make arrests for offenses,
8whether that duty extends to all offenses or is limited to
9specific offenses, or a person on active State duty under 51
10Pa.C.S. § 508 (relating to active duty for emergency).

<-11Section 13.8. Drug Overdose Medication.--(a) The
12department, in carrying out its duties under 28 Pa. Code Ch.
131023 (relating to personnel), shall have the following duties:

14(1) By December 31, 2014, amend the prehospital practitioner
15scope of practice of emergency medical services providers to
16include the administration of naloxone.

17(2) In consultation with the Pennsylvania Emergency Health
18Services Council, implement training, treatment protocols,
19equipment lists and other policies and procedures for all types
20of emergency medical services providers.

<-21(3) In consultation with the Department of Drug and Alcohol
22Programs, develop or approve training and instructional
23materials about recognizing opioid-related overdoses,
24administering naloxone and promptly seeking medical attention.
25The training and instruction materials shall be provided free of
26charge on the Internet.

27(b) A law enforcement agency, fire department or fire
28company may enter into written agreements with emergency medical
29services agencies, with the consent of that agency's medical
30director or a physician, to do the following:

1(1) Obtain a supply of naloxone.

2(2) Authorize a law enforcement officer or firefighter who
3has completed training under subsection (a)(2)<-, or who has 
4received the training and instructional materials under 
5subsection (a)(3), to administer naloxone to an individual
6undergoing or believed to be undergoing an opioid-related drug

8(c) Notwithstanding any other law to the contrary, a health
9care professional otherwise authorized to prescribe naloxone may
10dispense, prescribe or distribute naloxone <-directly or by a
11standing order to an authorized law enforcement officer or
12firefighter in accordance with an agreement under subsection
13(b)<-. or to a person at risk of experiencing an opioid-related
14overdose or family member, friend or other person in a position
15to assist a person at risk of experiencing an opioid-related

17(d) The provisions of the act of September 27, 1961
18(P.L.1700, No.699), known as the "Pharmacy Act," shall not apply
19to a law enforcement officer or firefighter who stores naloxone
20pursuant to an agreement under subsection (b), and in accordance
21with directions from the health care professional that
22prescribed, dispensed or distributed the naloxone<-., or to a
23person or organization acting at the direction of a health care
24professional authorized to prescribe naloxone so long as such
25activities are undertaken without charge or compensation.

26(e) (1) A licensed health care professional who, acting in
27good faith, prescribes or dispenses naloxone shall not be
28subject to any criminal or civil liability or any professional
29disciplinary action for:

30(i) such prescribing or dispensing; or

1(ii) any outcomes resulting from the eventual administration
2of naloxone.

3(2) The immunity under paragraph (1) shall not apply to a
4health professional who acts with intent to harm or with
5reckless indifference to a substantial risk of harm.

6(f) (1) A person <-authorized, law enforcement agency, fire
7department or fire company under subsection (b)(2) <-or (c) who,
8acting in good faith and with reasonable care, administers
9naloxone to another person whom the person believes to be
10suffering an opioid-related drug overdose:

11(i) Shall be immune from criminal prosecution, sanction
12under any professional licensing statute and civil liability for
13such act.

14(ii) Shall not be subject to professional review for such

16(iii) Shall not be liable for any civil damages for acts or
17omissions resulting from such act.

18(2) Receipt of training and instructional materials that
19meet the criteria of subsection (a) and the prompt seeking of
20additional medical assistance shall create a rebuttable
21presumption that the person acted with reasonable care in
22administering naloxone.

<-23(g) Nothing in this section shall be interpreted to limit
24any existing immunities for emergency response providers and
25others provided for under 42 Pa.C.S. § 8332 (relating to 
26emergency response provider and bystander good Samaritan civil 

28Section 2. This act shall take effect in 60 days.