PRINTER'S NO. 1302
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1238
Session of
2021
INTRODUCED BY QUINN, MADDEN, ZIMMERMAN, DELLOSO AND CONKLIN,
APRIL 20, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 20, 2021
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
drug overdose response immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.7(c) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended and the section is amended
by adding a subsection to read:
Section 13.7. Drug Overdose Response Immunity.--* * *
(c) Persons experiencing drug overdose events may not be
charged and shall be immune from prosecution as provided in
subsection (b) [if a person who transported or reported and
remained with them may not be charged and is entitled to
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immunity under this section.] only if:
(1) a person who transported or reported and remained with
them may not be charged and is entitled to immunity under this
section; and
(2) within thirty days after receiving the written notice
under subsection (c.1), the person experiencing the drug
overdose obtains screening and, if treatment is recommended,
receives a referral for treatment from a properly accredited
addiction services provider or professional. The person shall,
if requested by the attorney for the Commonwealth, issuing
authority or trial court, submit documentation verifying that
the person obtained screening and, if applicable, received a
referral for treatment. The documentation shall be limited to
the date and time of the screening obtained and, if applicable,
referral received. This paragraph shall not apply to a person
that demonstrates a reasonable inability to pay for or otherwise
obtain the screening and referral.
(c.1) The arresting law enforcement officer, attorney for
the Commonwealth, issuing authority or trial court shall provide
written notice to the person that experienced the drug overdose
of the requirements specified in subsection (c)(2).
* * *
Section 2. This act shall take effect in 60 days.
20210HB1238PN1302 - 2 -
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