Regular Session 2021-2022 Senate Bill 1152 P.N. 1925

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1512, 1795, 1834

PRINTER'S NO. 1925

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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 20, 2022

AN ACT

Establishing the Overdose Mapping System INFORMATION NETWORK;

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.

"AUTHORIZED USERS." LAW ENFORCEMENT OFFICERS, EMS PROVIDERS,

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MEDICAL PERSONNEL AND ANY OTHER PERMITTED USERS OF THE OVERDOSE

INFORMATION NETWORK, AS DETERMINED BY THE PENNSYLVANIA STATE

POLICE, WHO ARE REQUIRED TO REPORT OVERDOSES AND SUSPECTED

OVERDOSES TO THE NETWORK IN ACCORDANCE WITH THIS ACT.

"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." A police officer certified A

MEMBER OF THE PENNSYLVANIA STATE POLICE OR AN INDIVIDUAL

EMPLOYED AS A POLICE OFFICER WHO HOLDS A CURRENT CERTIFICATE

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

substances are taken in excessive amounts.

"Overdose incident." An occurrence where a law enforcement

officer or 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

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overdose.

"OVERDOSE." AS FOLLOWS:

(1) AN ACUTE MEDICAL CONDITION, INCLUDING 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.

(2) A PERSON'S CONDITION SHALL BE DEEMED AN OVERDOSE IF

A PRUDENT LAYPERSON WOULD REASONABLY BELIEVE THAT THE

CONDITION IS IN FACT A DRUG OVERDOSE AND REQUIRES IMMEDIATE

MEDICAL ATTENTION.

"OVERDOSE INFORMATION NETWORK" OR "NETWORK." THE STATEWIDE

OVERDOSE MAPPING AND RESPONSE NETWORK ESTABLISHED UNDER THIS

ACT.

"OVERDOSE REVERSAL DRUG." A DRUG OR DEVICE APPROVED BY THE

FEDERAL FOOD, DRUG, AND COSMETIC ACT (52 STAT. 1040, 21 U.S.C. §

301 ET SEQ.) FOR EMERGENCY REVERSAL OF A KNOWN OR SUSPECTED

OVERDOSE, INCLUDING NALOXONE HYDROCHLORIDE OR OTHER SIMILARLY

ACTING DRUGS APPROVED BY THE UNITED STATES FOOD AND DRUG

ADMINISTRATION.

"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

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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

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.

(A) ESTABLISHMENT.--THE PENNSYLVANIA STATE POLICE SHALL

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LAUNCH AN OVERDOSE INFORMATION NETWORK FOR THE PURPOSE OF

ELECTRONICALLY TRACKING KNOWN OR SUSPECTED OVERDOSES IN THIS

COMMONWEALTH. THE FOLLOWING APPLY:

(1) THE NETWORK SHALL BE ADMINISTERED BY THE

PENNSYLVANIA STATE POLICE, WHICH SHALL HAVE DESIGNATED

NETWORK ADMINISTRATORS AS NEEDED TO MEET THE DEMANDS OF THE

NETWORK AND THE INDIVIDUALS USING THE NETWORK. ALL TECHNICAL

ONBOARDING, ASSISTANCE AND MAINTENANCE OF THE OVERDOSE

INFORMATION NETWORK SHALL BE PROVIDED BY THE PENNSYLVANIA

STATE POLICE.

(2) THE OVERDOSE INFORMATION NETWORK SHALL BE ACCESSIBLE

BY AUTHORIZED USERS.

(3) THE PENNSYLVANIA STATE POLICE SHALL ADOPT, AMEND AND

RESCIND RULES, REGULATIONS, GUIDELINES AND PROTOCOLS FOR THE

FUNCTION AND ADMINISTRATION OF THE NETWORK, WHICH SHALL

ADDRESS, AT A MINIMUM, THE FOLLOWING:

(I) THE BEST OPTIONS FOR MAINTAINING THE NETWORK AND

ENSURING EASE OF USE AND ONLINE ACCESS BY AUTHORIZED

USERS, INCLUDING DEVELOPING INSTRUCTIONS ON HOW TO USE

AND ACCESS THE NETWORK.

(II) THE BEST PRACTICES FOR RECORD RETENTION WITHIN

THE NETWORK.

(III) IDENTIFYING AND DEFINING ROLES OF AUTHORIZED

USERS WHO HAVE ACCESS TO THE NETWORK.

(IV) ANY OTHER ASPECT OF THE NETWORK'S FUNCTION, USE

OR ADMINISTRATION AS MAY BE REQUIRED OVER TIME TO ENSURE

THAT THE NETWORK MEETS THE NEEDS OF AUTHORIZED USERS AND

LOCAL LEADERS.

(4) THE OVERDOSE INFORMATION NETWORK SHALL SEND

AUTOMATIC AND IMMEDIATE OVERDOSE SPIKE-ALERTS TO PREAPPROVED

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STATE, COUNTY AND LOCAL GOVERNMENTAL, PUBLIC HEALTH AND

PUBLIC SAFETY LEADERS, WHICH MAY BE USED TO MAKE ACTIONABLE

DECISIONS IN THEIR AREAS OF RESPONSIBILITY. SPIKE THRESHOLDS

SHALL BE ESTABLISHED BY LOCAL LEADERS 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) THE PENNSYLVANIA STATE POLICE SHALL 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) THE PENNSYLVANIA STATE POLICE SHALL UTILIZE AN

APPLICATION PROGRAMMING INTERFACE TO CONNECT THE DATA IN THE

NETWORK WITH THE OVERDOSE MAPPING APPLICATION PROGRAM CREATED

BY THE WASHINGTON-BALTIMORE HIGH INTENSITY DRUG TRAFFICKING

AREAS.

(7) THE PENNSYLVANIA STATE POLICE SHALL ENTER INTO

PARTICIPATION AGREEMENTS, DATA SHARING AGREEMENTS AND OTHER

MEMORANDA OF UNDERSTANDING NECESSARY TO FULLY IMPLEMENT THE

NETWORK WITH OTHER COMMONWEALTH, COUNTY OR LOCAL ENTITIES.

(b) Design.--The system must OVERDOSE INFORMATION NETWORK

SHALL 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 OVERDOSES that are currently reported to active

databases existing in this Commonwealth.

CONJUNCTION WITH THE DEPARTMENT OF HEALTH, SHALL ISSUE AN ANNUAL

REPORT AND POST THE REPORT ON ITS PUBLICLY ACCESSIBLE INTERNET

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WEBSITE. THE REPORT MUST IDENTIFY, AT A MINIMUM, THE FOLLOWING

INFORMATION:

(1) THE TOTAL NUMBER OF KNOWN OR SUSPECTED OVERDOSES IN

EACH COUNTY.

(2) THE TOTAL NUMBER OF OVERDOSE REVERSAL DRUGS

ADMINISTERED BY AUTHORIZED USERS TO KNOWN OR SUSPECTED

OVERDOSE VICTIMS IN EACH COUNTY.

(3) THE TOTAL NUMBER OF OVERDOSE DEATHS INVOLVING ANY

OPIOID OR SYNTHETIC OPIOID IN EACH COUNTY.

(4) THE TOTAL NUMBER OF OVERDOSE DEATHS INVOLVING A

CONTROLLED SUBSTANCE OTHER THAN AN OPIOID OR SYNTHETIC OPIOID

IN EACH COUNTY.

(5) THE TOTAL NUMBER OF OVERDOSE DEATHS INVOLVING

FENTANYL OR ANY ANALOGUE OF FENTANYL OR ANY CONTROLLED

SUBSTANCE OR COUNTERFEIT SUBSTANCE CONTAINING ANY TRACE OF

FENTANYL OR ANY ANALOGUE OF FENTANYL IN EACH COUNTY.

(6) THE TIME AND GEOGRAPHIC LOCATION OF ANY OVERDOSE

SPIKES.

(7) CONTACT INFORMATION FOR THE NATIONAL DRUG ABUSE

HOTLINE, THE DEPARTMENT OF DRUG AND ALCOHOL PROGRAM'S HOTLINE

AND ANY OTHER SUBSTANCE ABUSE TREATMENT PROVIDERS OR DRUG

REHABILITATIVE SPECIALISTS.

Section 4. Entry requirements for law enforcement and 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

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

hours after the overdose incident, to the extent that the

information is known.

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(b) Reporting by EMS provider who administers emergency

services.--An 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

law enforcement officer or EMS provider identified in this

section using an information technology platform:

(A) REPORTING BY LAW ENFORCEMENT OFFICERS AND EMS

PROVIDERS.--A LAW ENFORCEMENT OFFICER OR EMS PROVIDER WHO

ENCOUNTERS A KNOWN OR SUSPECTED OVERDOSE SHALL ACCESS THE

OVERDOSE INFORMATION NETWORK TO REPORT AND DOCUMENT THE INCIDENT

IN ACCORDANCE WITH SUBSECTION (C) NO LATER THAN 72 HOURS AFTER

THE OVERDOSE.

(B) REPORTING BY MEDICAL PERSONNEL.--IF AN INDIVIDUAL IS

EXPERIENCING A KNOWN OR SUSPECTED OVERDOSE AND WAS NOT

TRANSPORTED TO A MEDICAL FACILITY BY A LAW ENFORCEMENT OFFICER

OR EMS PROVIDER, MEDICAL PERSONNEL AT THE RECEIVING MEDICAL

FACILITY SHALL ACCESS THE OVERDOSE INFORMATION NETWORK TO REPORT

AND DOCUMENT THE OVERDOSE IN ACCORDANCE WITH SUBSECTION (C) NO

LATER THAN 72 HOURS AFTER THE OVERDOSE VICTIM'S ARRIVAL OR

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ADMISSION TO THE MEDICAL FACILITY.

THE FOLLOWING INFORMATION IN THE OVERDOSE INFORMATION NETWORK:

(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) (3) THE KNOWN OR SUSPECTED CONTROLLED SUBSTANCES

ADMINISTERED TO OR INHALED, INGESTED, IMBIBED OR INJECTED BY

THE OVERDOSE VICTIM.

(4) WHETHER AN OVERDOSE REVERSAL DRUG WAS ADMINISTERED

AND, IF SO, THE TYPE OF OVERDOSE REVERSAL DRUG ADMINISTERED,

THE NUMBER OF DOSES ADMINISTERED AND THE METHOD OF

ADMINISTRATION.

(5) Whether the confirmed or suspected overdose was

fatal or nonfatal.

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

entity's AUTHORIZED USER'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 THE AUTHORIZED USER.

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

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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.

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 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.

(A) LIMITATION OF LIABILITY.--AUTHORIZED USERS WHO REPORT

INFORMATION ABOUT AN OVERDOSE UNDER THIS ACT IN GOOD FAITH ARE

IMMUNE FROM CIVIL LIABILITY OR DAMAGES FOR MAKING THE REPORT,

UNLESS THEIR ACTS OR OMISSIONS CONSTITUTE WILLFUL AND WANTON

MISCONDUCT.

(B) COMPLIANCE.--IF AN AUTHORIZED USER FAILS TO REPORT

INFORMATION ABOUT AN OVERDOSE OR OTHERWISE FAILS TO COMPLY WITH

THE REQUIREMENTS OF THIS ACT, THE PENNSYLVANIA STATE POLICE MAY

REFER MATTERS OF NONCOMPLIANCE TO THE APPROPRIATE SUPERVISOR OF

THE AUTHORIZED USER.

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PROGRESS REPORT TO THE GENERAL ASSEMBLY REGARDING ITS

IMPLEMENTATION, ADMINISTRATION AND MAINTENANCE OF THE OVERDOSE

INFORMATION NETWORK AT 6 MONTHS, 12 MONTHS AND 30 MONTHS AFTER

THE EFFECTIVE DATE OF THIS SECTION. THE PROGRESS REPORT SHALL

IDENTIFY, AT A MINIMUM, THE FOLLOWING:

(1) THE COSTS INCURRED BY THE PENNSYLVANIA STATE POLICE

IN IMPLEMENTING, ADMINISTERING AND MAINTAINING THE NETWORK.

(2) A FULL STATISTICAL ANALYSIS OF THE REPORTS OF

OVERDOSES MADE TO THE NETWORK.

(3) ANY INSTANCES OF WILLFUL AND GROSS NONCOMPLIANCE

WITH THE PROVISIONS OF THIS ACT.

(4) ANY RECOMMENDATIONS FOR ADDITIONAL LEGISLATION TO

FULFILL THE PURPOSES OF THIS ACT AND TO COMBAT DRUG

TRAFFICKING, DRUG ABUSE, OVERDOSES AND OVERDOSE DEATHS.

Section 6. Use.

(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 OVERDOSES REPORTED TO THE

OVERDOSE INFORMATION NETWORK BY AN AUTHORIZED USER other than

a law enforcement officer may not be used for a criminal

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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 OVERDOSES

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 OVERDOSE INFORMATION NETWORK by,

between and among governmental agencies, programs and

nongovernmental organizations whose missions include the

mitigation of illegal substance use, trafficking, treatment

SUBSTANCE ABUSE, DRUG TRAFFICKING, DRUG TREATMENT, harm

reduction and recovery support is permissible under this act.

Section 7. Funding.

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

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

activities ANY AVAILABLE FEDERAL FUNDING TO IMPLEMENT,

ADMINISTER AND MAINTAIN THE OVERDOSE INFORMATION NETWORK AS

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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