PRINTER'S NO. 3597
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2201
Session of
2015
INTRODUCED BY BARBIN, READSHAW, SNYDER, MUSTIO, GIBBONS,
MILLARD, CALTAGIRONE, O'BRIEN, GODSHALL, McNEILL AND MURT,
JUNE 22, 2016
REFERRED TO COMMITTEE ON HEALTH, JUNE 22, 2016
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. Short title of chapter.
8202. Declaration of policy.
8203. Definitions.
8204. Involuntary emergency commitment.
8305. Immunity.
§ 8201. Short title of chapter.
This chapter shall be known and may be cited as the Emergency
Overdose Involuntary Commitment Law.
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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 that
individuals who have overdosed on heroin or other opioids, to
the extent that the overdose endangers the individual's life
or the lives of others, are not immediately released under
conditions which substantially increase the risk of continued
heroin or opioid use and subsequent overdose.
§ 8303. 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.
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"Hospital." The term includes general, specialty and
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 on heroin
or other opioids and who received naloxone or a similar opioid
blocker as part of a treatment to prevent the patient's death.
§ 8204. Involuntary emergency commitment.
(a) Commitment.--An individual who has overdosed on heroin
or other opioids and is taken to a hospital shall be deemed to
lack capacity to make decisions regarding medical treatment and
to exercise self-control, judgment and discretion causing the
individual to pose a clear and present danger of harm to the
individual and to others. A health care practitioner, as well as
the hospital or an agent or employee of the hospital, must admit
the individual for involuntary emergency commitment whether or
not naloxone or another opioid blocker has been administered.
(b) Assessment.--A drug and alcohol assessment, including
blood work to identify the illegal drugs or alcohol level
causing the overdose, shall be completed during the commitment.
§ 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 act shall take effect in 60 days.
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