PRINTER'S NO. 1490
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1246
Session of
2017
INTRODUCED BY STURLA, DRISCOLL, KINSEY, DEAN, SOLOMON, V. BROWN,
SCHLOSSBERG, McNEILL, MOUL, WARD, DONATUCCI, McCLINTON,
FRANKEL AND GILLEN, APRIL 19, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 19, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for good Samaritan civil immunity for
administration of naloxone.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8331.4. Good Samaritan civil immunity for administration of
naloxone.
(a) General rule.--A person or organization that in good
faith acquires and maintains the overdose reversal medication
naloxone or administers naloxone in an emergency shall not be
liable for any civil damages as a result of any acts or
omissions by an individual administering the naloxone, except if
the acts or omissions are intentionally designed to harm or any
grossly negligent acts or omissions result in harm to the
individual receiving the naloxone treatment.
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(b) Requirements.--A person or organization that acquires
and maintains the overdose reversal medication naloxone for use
in accordance with this section shall:
(1) ensure that an individual expected to administer
naloxone receive training in accordance with subsection (c);
(2) maintain the supply of naloxone in a safe and
accessible location and ensure that the supply is replaced
before the expiration date provided by the manufacturer;
(3) provide instruction requiring the individual
administering the naloxone to utilize available means to
immediately contact emergency medical services; and
(4) ensure that any appropriate data or information is
made available to emergency medical services personnel or
other health care providers as requested.
(c) Training.--For purposes of this section, an individual
expected to administer naloxone shall complete training in
recognizing opioid-related overdoses and administering naloxone
consistent with Department of Health guidelines and in
consultation with the Department of Drug and Alcohol Programs.
(d) Obstruction of emergency medical services personnel.--
Nothing in this section shall relieve an individual who
administers naloxone from civil damages when the individual
obstructs or interferes with care and treatment being provided
by emergency medical services personnel or a health
professional.
(e) Exception.--An individual who lacks the training in
accordance with subsection (c) and who has access to naloxone
and in good faith administers naloxone in an emergency as any
ordinary, reasonably prudent individual would do under the same
or similar circumstances shall receive immunity from civil
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damages as set forth under subsection (a).
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Drug overdose event." An acute medical condition,
including, but not limited to, severe physical illness, coma,
mania, hysteria or death, which is the result of consumption or
use of one or more controlled substances causing an adverse
reaction.
"Emergency." A situation where an individual is believed to
be experiencing a drug overdose event or is in need of immediate
medical attention to prevent death or serious injury.
"Good faith." Includes a reasonable opinion that the
immediacy of the situation is such that the administration of
naloxone should not be postponed until emergency medical
services personnel arrive or the individual is hospitalized.
Section 2. This act shall take effect in 60 days.
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