Regular Session 2021-2022 Senate Bill 1152 P.N. 1834

PRIOR PRINTER'S NOS. 1512, 1795

PRINTER'S NO. 1834

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1152

Session of

2022

INTRODUCED BY MASTRIANO, ARGALL, PHILLIPS-HILL, STEFANO AND

PITTMAN, MARCH 24, 2022

AS AMENDED ON THIRD CONSIDERATION, JUNE 28, 2022

AN ACT

Establishing the Overdose Mapping System; providing for

implementation and for use; and conferring powers and

imposing duties on the Pennsylvania State Police.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Overdose

Mapping Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Application programming interface." A set of tools,

definitions and protocols for building and integrating

application software and services with different software

programs.

"Individual who administers emergency services." A paid or

volunteer professional, other than a law enforcement officer,

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who is trained and licensed in this Commonwealth to provide

emergency services to the public. The term includes, but is not

limited to, a firefighter, emergency medical technician,

emergency medical responder and paramedic.

"EMERGENCY MEDICAL SERVICES PROVIDER" OR "EMS PROVIDER." AS

DEFINED IN 35 PA.C.S. § 8103 (RELATING TO DEFINITIONS).

"Information technology platform." As follows:

(1) The Overdose Information Network (ODIN).

(2) Any other platform approved by the Pennsylvania

State Police to capture real-time overdose reporting.

"Law enforcement officer." Either of the following who is

responsible for the prevention and detection of crime and the

enforcement of the penal, traffic or highway laws of this

Commonwealth:

(1) A paid or volunteer employee of a police department

or sheriff's office that is a part of, or administered by,

the Commonwealth or a political subdivision of the

Commonwealth.

(2) A full-time or part-time employee of a private

police department.

"LAW ENFORCEMENT OFFICER." A POLICE OFFICER CERTIFIED UNDER

53 PA.C.S. CH. 21 SUBCH. D (RELATING TO MUNICIPAL POLICE

EDUCATION AND TRAINING).

"LOCAL LEADER." ANY OF THE FOLLOWING:

(1) THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY.

(2) THE GOVERNING BODY OF A MUNICIPALITY.

(3) THE CHIEF LAW ENFORCEMENT OFFICER OF A MUNICIPALITY.

"MUNICIPALITY." AS DEFINED IN 1 PA.C.S. § 1991 (RELATING TO

DEFINITIONS).

"Overdose." Injury to the body that happens when one or more

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substances are taken in excessive amounts.

"Overdose incident." An occurrence where a law enforcement

officer or individual AN EMS PROVIDER who administers emergency

services encounters an individual experiencing, or who recently

experienced, a confirmed or suspected overdose.

"Overdose reversal drug." Naloxone hydrochloride or other

similarly acting drug that is approved by the United States Food

and Drug Administration for the emergency treatment of an

overdose.

"Overdose spike." The occurrence of a significant increase

in the number of confirmed or suspected overdoses in a certain

time frame within a specific geographic area.

"System." The overdose mapping and response system

established under this act.

Section 3. Establishment and design.

(a) Establishment.--The Pennsylvania State Police is

directed to:

(1) Ascertain and document the number, trends and

patterns associated with known and suspected overdoses in

this Commonwealth and issue an annual report available in an

online format for reference by county and local officials and

the general public.

(2) Utilize an overdose mapping system in which a

central repository containing information about overdose

incidents is established and maintained using data from an

information technology platform.

(3) Ensure access to collected data, in the form of raw

data, dashboards and useful exportable reports, by State,

county and local governmental, public health and public

safety stakeholders to real time data that may be used to

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make actionable decisions in as close to real-time as

possible.

(4) Send automatic and immediate overdose spike-alerts

to preapproved State, county and local governmental, public

health and public safety leaders who may use the notification

to make decisions regarding how to respond to overdose

anomalies in their areas of responsibility. Initial

recommended spike thresholds shall be established using

relevant public health data. Local leaders shall have the

option to adjust the local spike threshold to fit the local

response plan needs.

(5) Share examples of the spike-response framework with

State, county and local leaders and support the leaders in

the implementation of the responses by providing access to

overdose data and useful reports based on the data.

(6) Using an application programming interface, connect

the data in the Pennsylvania State Police system with the

Overdose Mapping Application Program created by the

Washington-Baltimore High Intensity Drug Trafficking Areas.

(b) Design.--The system must be designed to avoid data entry

duplication wherever possible, which may include using one or

more application programming interfaces to transfer information

about overdose incidents that are currently reported to active

databases existing in this Commonwealth.

Section 4. Entry requirements for law enforcement and

individuals EMS PROVIDERS who administer emergency

services.

(a) Reporting by law enforcement officers.--A law

enforcement officer who goes to an overdose incident must report

information about the overdose incident to an information

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technology platform as soon as possible, but no later than 72

hours after the overdose incident, to the extent that the

information is known.

(b) Reporting by individual EMS PROVIDER who administers

emergency services.--An individual EMS PROVIDER who administers

emergency services who goes to an overdose incident, or who

transports an individual experiencing a confirmed or suspected

overdose to a medical facility, must report information about

the overdose incident to an information technology platform as

soon as possible, but no later than 72 hours after the overdose

incident, to the extent that the information is known. If an

individual is experiencing a confirmed or suspected overdose and

was not transported to a medical facility by an individual

required to report under this subsection, medical personnel at

the receiving medical facility shall report information about

the overdose under this section.

information about an overdose incident must be reported by the

individuals LAW ENFORCEMENT OFFICER OR EMS PROVIDER identified

in this section using an information technology platform:

(1) The date and time of the overdose incident.

(2) The location of the overdose incident.

(3) Whether an overdose reversal drug was administered

and, if so, the number of doses and the type of delivery.

(4) Whether the confirmed or suspected overdose was

fatal or nonfatal.

(d) Other reporting requirements.--An individual's or

entity's report of information about an overdose incident under

this act does not preempt or replace any other reporting

requirement applicable to that individual or entity.

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Section 5. Implementation.

(a) General rule.--During the course of implementing the

system, the Pennsylvania State Police:

(1) Shall enter into participation agreements, data

sharing agreements and other memoranda of understanding

necessary to fully implement the system with other

Commonwealth, county or local entities.

(2) May promulgate rules, regulations or standard

operating procedures necessary to carry out the requirements

of this act.

(b) Limitation of liability.--Individuals or entities

reporting information about an overdose incident under this act

in good faith are not subject to civil or criminal liability or

damages for making the report, unless their acts or omissions

constitute willful and wanton misconduct.

individual AN EMS PROVIDER who administers emergency services,

or medical personnel if applicable, to report information about

an overdose incident as required by this act constitutes a form

of unprofessional conduct. The Pennsylvania State Police may:

(1) Refer matters of noncompliance to the appropriate

local entity supervisor.

(2) Exempt law enforcement officers or individuals EMS

PROVIDERS who administer emergency services based on resource

or technological limitations.

(d) Report.--The Pennsylvania State Police shall issue a

progress report to the General Assembly regarding the usage of

the overdose mapping system implementation at six months, 12

months and 30 months after the effective date of this section.

Section 6. Use.

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(a) General rule.--The information about overdose incidents

reported under this act shall be available to users of an

information technology platform authorized to view the data in

real time. The process by which authorized users are decided

upon and designated shall be addressed in one or more of the

following when implementing the system:

(1) Participation agreements.

(2) Data sharing agreements.

(3) Memoranda of understanding.

(b) Limitations.--

(1) Information about overdose incidents reported to the

system by an individual or entity other than a law

enforcement officer may not be used for a criminal

investigation or prosecution of any individual who satisfies

the exemption from criminal liability contained in section

13.7 of the act of April 14, 1972 (P.L.233, No.64), known as

The Controlled Substance, Drug, Device and Cosmetic Act. The

reporting of information about overdose incidents as provided

for in this act does not diminish the protections afforded by

section 13.7 of the The Controlled Substance, Drug, Device

and Cosmetic Act.

(2) Except for the sharing of personally identifying

information, the sharing of overdose incident information

collected by the system by, between and among governmental

agencies, programs and nongovernmental organizations whose

missions include the mitigation of illegal substance use,

trafficking, treatment, harm reduction and recovery support

is permissible under this act.

Section 7. Funding.

(a) Federal funds.--The Pennsylvania State Police shall

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pursue all Federal funding for the initial start-up and ongoing

activities required under this act.

(b) Receipt of funding.--The Pennsylvania State Police may

receive gifts, grants and endowments from public or private

sources as may be made from time to time, in trust or otherwise,

for the use and benefit of the purposes of this act and expend

the same or any income derived from it according to the terms of

the gifts, grants or endowments.

Section 8. Effective date.

This act shall take effect in 60 days.

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