H2527B3150A04917 DMS:JSL 06/21/22 #90 A04917
AMENDMENTS TO HOUSE BILL NO. 2527
Sponsor: SENATOR CAPPELLETTI
Printer's No. 3150
Amend Bill, page 1, line 10, by inserting after "for"
definitions and for
Amend Bill, page 1, lines 14 through 16, by striking out all
of said lines and inserting
Section 1. Section 2 of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, is amended by adding definitions to read:
Section 2. Definitions.--(a) The definitions contained and
used in the "Pennsylvania Drug and Alcohol Abuse Control Act"
shall also apply for purposes of this act.
(b) As used in this act:
* * *
"Community college" means an institution now or hereafter
created under Article XIX-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, or the
act of August 24, 1963 (P.L.1132, No.484), known as the
Community College Act of 1963.
* * *
"Coprescribe" means the practice of prescribing or dispensing
an emergency opioid antagonist in conjunction with an opioid
prescription.
"Correctional institution" means a correctional institution
as defined in 61 Pa.C.S. § 102 (relating to definitions) or a
facility that confines a juvenile under 42 Pa.C.S. Ch. 63
(relating to juvenile matters).
* * *
"Emergency opioid antagonist" means a drug, including, but
not limited to, naloxone, approved by the United States Food and
Drug Administration for the complete or partial reversal of an
opioid-related overdose.
* * *
"Independent institution of higher education" means an
institution of higher education operated not for profit, located
in and incorporated or chartered by the Commonwealth, entitled
to confer degrees as provided in 24 Pa.C.S. § 6505 (relating to
power to confer degrees) and entitled to apply to itself the
designation "college" or "university" as provided for by
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standards and qualifications prescribed by the State Board of
Education under 24 Pa.C.S. Ch. 65 (relating to private colleges,
universities and seminaries).
"Institution of higher education" means an independent
institution of higher education approved by the Department of
Education.
* * *
"Nonpublic school" means a nonprofit school, other than a
public school in this Commonwealth, at which a resident of this
Commonwealth may legally fulfill the compulsory school
attendance requirements of Article XIII and that meets the
requirements of Title VI of the Civil Rights Act of 1964 (Public
Law 88-352, 78 Stat. 241).
* * *
"Opioid" means any of the following:
(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects
but is not derived from opium.
(3) A group of naturally occurring peptides that bind at
or otherwise influence opiate receptors, including an opioid
agonist.
* * *
"Public institution of higher education" means a community
college, State-owned institution or State-related institution
approved by the Department of Education.
"Public school" means a public school as defined in section
1101-B of the act of March 10, 1949 (P.L.30, No.14), known as
the Public School Code of 1949.
* * *
"State-owned institution" means an institution which is part
of the State System of Higher Education pursuant to Article XX-A
of the Public School Code of 1949.
"State-related institution" means The Pennsylvania State
University, the University of Pittsburgh, Temple University and
Lincoln University and their branch campuses.
* * *
Section 2. Section 13.8 of the act is amended to read:
Amend Bill, page 1, line 20, by striking out "[By December
31, 2014, amend] AMEND" and inserting
By December 31, [2014, amend] 2022, amend
Amend Bill, page 2, line 8, by inserting a bracket before
"about"
Amend Bill, page 2, line 9, by striking out the bracket
before "naloxone"
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Amend Bill, page 2, line 9, by striking out "] an opioid
antagonist"
Amend Bill, page 2, line 11, by inserting after "Internet."
] that comply with the following:
(i) The training programs and training and instructional
materials shall cover the following items:
(A) The importance of emergency opioid antagonists in
preventing deaths from opioid-related overdoses.
(B) How to recognize the signs and symptoms of opioid-
related overdoses.
(C) The essential steps in responding to an opioid-related
overdose, including administering emergency opioid antagonists
and promptly seeking medical attention.
(D) Where and how to obtain emergency opioid antagonists in
this Commonwealth.
(E) How to destigmatize the possession of an emergency
opioid antagonist.
(F) State laws, including, but not limited to, this section,
limiting civil and criminal liability for prescribing,
dispensing, distributing or administering emergency opioid
antagonists or for contacting law enforcement for individuals
believed to be experiencing an opioid-related overdose.
(ii) The department and the Department of Drug and Alcohol
Programs shall publish the training and instruction materials
free of charge on the departments' publicly accessible Internet
websites.
(iii) Training programs and training and instructional
materials prepared for public schools, nonpublic schools and
institutions of higher education under this paragraph shall
comply with all of the following:
(A) Be age appropriate.
(B) Be developed in consultation with the Department of
Education.
(C) Include guidelines for the trainings described under
subsections (h) and (i).
(iv) Training programs and training and instructional
materials prepared for correctional institutions under this
paragraph shall include guidelines for the trainings described
under subsection (c.2) and shall be developed in consultation
with the Department of Corrections.
(v) The department shall tailor the training programs to the
unique needs of each of the following groups:
(A) Individuals who may potentially administer an emergency
opioid antagonist to individuals exhibiting the signs of an
opioid-related overdose.
(B) Prescribers and dispensers.
(C) Law enforcement officers and firefighters.
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(D) Emergency medical services providers.
(E) Laypeople and bystanders.
(F) Public schools, nonpublic schools and public
institutions of higher education.
(G) Correctional institution staff.
(H) Community-based organizations.
(4) In consultation with the Department of Drug and Alcohol
Programs and community-based organizations, establish a
Statewide educational initiative to promote the items listed
under paragraph (3)(i) and any additional measures that promote
safe distribution, use and administration of emergency opioid
antagonists in this Commonwealth.
Amend Bill, page 2, line 16, by inserting after "an"
emergency
Amend Bill, page 2, line 20, by inserting after "an"
emergency
Amend Bill, page 2, line 25, by inserting after "an"
emergency
Amend Bill, page 2, line 26, by inserting after "the"
emergency
Amend Bill, page 3, by inserting between lines 1 and 2
(c.1) Notwithstanding any other law to the contrary, a
health care professional issuing an initial or renewal
prescription for an opioid in this Commonwealth shall
coprescribe an emergency opioid antagonist.
(c.2) (1) A correctional institution shall provide training
and instructional materials developed and implemented by the
department under subsection (a)(3) to employes of the
correctional institution and incarcerated individuals. Employes
and volunteers of a correctional institution may take part in a
training program offered through the department under subsection
(a)(3).
(2) Notwithstanding any other provision of this act to the
contrary, a health care professional authorized to issue
prescriptions for opioids in this Commonwealth may prescribe
emergency opioid antagonists in the name of a correctional
institution to be maintained for use under paragraph (5).
(3) A correctional institution shall maintain at the
correctional institution in a safe, secure location a supply of
emergency opioid antagonists.
(4) Individuals who are responsible for the storage and use
of emergency opioid antagonists under this subsection must
successfully complete a training program developed and
implemented by the department under subsection (a)(3).
(5) A correctional institution shall establish a prisoner
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release program to do all of the following on the day of an
individual ' s release from incarceration:
(i) Offer the individual an emergency opioid antagonist.
(ii) Provide the individual with instructions on the use of
emergency opioid antagonists in the form of a written pamphlet
or other accessible instructional materials for an individual
with a disability.
(iii) Require the individual to sign a written form
indicating that the individual has been given the opportunity to
receive an emergency opioid antagonist.
(iv) Provide the individual with information regarding where
and how to obtain additional emergency opioid antagonist doses
locally.
(6) When offering an emergency opioid antagonist under
paragraph (5), the individual shall be given as much of the
emergency opioid antagonist as the individual requests and is
reasonably available at the correctional institution.
Amend Bill, page 3, line 5, by inserting after "an" where it
occurs the first time
emergency
Amend Bill, page 3, line 8, by inserting after "naloxone]"
emergency
Amend Bill, page 3, line 10, by inserting after "an"
emergency
Amend Bill, page 3, line 14, by inserting after "an"
emergency
Amend Bill, page 3, line 19, by inserting after "the"
emergency
Amend Bill, page 3, line 24, by inserting a bracket before
"or" where it occurs the second time
Amend Bill, page 3, line 24, by inserting after "(c)"
], (c) or (c.2)
Amend Bill, page 3, line 25, by inserting after "an"
emergency
Amend Bill, page 4, line 9, by inserting after "an"
emergency
Amend Bill, page 4, lines 15 through 21, by striking out all
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of said lines and inserting
(h) (1) Each public school and public institution of
higher education shall authorize at least one school employe
trained under paragraph (5) to:
(i) Provide an emergency opioid antagonist that meets the
prescription on file for the school or institution to a student
or employe.
(ii) Administer to a student or employe an emergency opioid
antagonist that meets the prescription on file for the school or
institution.
(iii) Administer an emergency opioid antagonist that meets
the prescription on file for the school or institution to a
student or employe that the administering employe in good faith
believes to be having an opioid-related overdose.
(2) Notwithstanding any other provision of this act to the
contrary, a health care professional authorized to issue
prescriptions for opioids in this Commonwealth may prescribe
emergency opioid antagonists in the name of the school or
institution to be maintained for use under paragraph (1).
(3) A school and institution shall maintain at the school or
institution in a safe, secure location a supply of emergency
opioid antagonists.
(4) A school and institution shall designate one or more
employes at the school or institution who shall be responsible
for the storage and use of the opioid emergency antagonists.
(5) Employes who are responsible for the storage and use of
emergency opioid antagonists under paragraph (4) must
successfully complete a training program developed and
implemented by the department under subsection (a)(3).
(6) Employes may utilize an emergency opioid antagonist from
the school's or institution's supply to administer an emergency
opioid antagonist to a student or employe in response to an
opioid-related overdose under paragraph (1).
(7) In the event a student or employe is believed to be
having an opioid-related overdose, the school's or institution's
nurse or an employe in the school or institution who is
responsible for the storage and use of emergency opioid
antagonists shall contact 911 as soon as possible.
(8) At the request of a parent or legal guardian of a public
school student or student at a public institution of higher
education who is a minor, the student shall be exempt from
paragraphs (1), (6) and (9). The principal of the school in
which the student is enrolled shall notify all parents or legal
guardians of the ability to exempt their children from
paragraphs (1), (6) and (9) by returning a signed opt-out form.
(9) The provisions of 42 Pa.C.S. §§ 8332 (relating to
emergency response provider and bystander good Samaritan civil
immunity) and 8337.1 (relating to civil immunity of school
officers or employees relating to emergency care, first aid and
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rescue) shall apply to an individual who administers an
emergency opioid antagonist under this subsection.
(10) Administration of an emergency opioid antagonist under
this subsection shall comply with section 504 of the
Rehabilitation Act of 1973 (Public Law 93-112, 29 U.S.C. § 794)
and 22 Pa. Code Ch. 15 (relating to protected handicapped
students).
(11) A school and institution shall provide training
programs and training and instructional materials developed and
implemented by the department under subsection (a)(3) to
employes and students. All employes of public schools and public
institutions of higher education may take part in a training
program offered through the department under subsection (a)(3).
(i) (1) A nonpublic school and independent institution of
higher education may authorize at least one employe trained
under paragraph (5) to:
(i) Provide an emergency opioid antagonist that meets the
prescription on file for the school or institution to a student
or employe.
(ii) Administer to a student or employe an emergency opioid
antagonist that meets the prescription on file for the school or
institution.
(iii) Administer an emergency opioid antagonist that meets
the prescription on file for the school or institution to a
student or employe that the administering employe in good faith
believes to be having an opioid-related overdose.
(2) Notwithstanding any other provision of this act to the
contrary, a health care professional authorized to issue
prescriptions for opioids in this Commonwealth may prescribe
emergency opioid antagonists in the name of the school or
institution to be maintained for use under paragraph (1).
(3) A school and institution may maintain at the school or
institution in a safe, secure location a supply of emergency
opioid antagonists.
(4) A school and institution that authorizes the provision
of emergency opioid antagonists under this subsection shall
designate one or more employes at each school and institution
who shall be responsible for the storage and use of the opioid
emergency antagonists.
(5) Employes who are responsible for the storage and use of
emergency opioid antagonists must successfully complete a
training program developed and implemented by the department
under subsection (a)(3).
(6) An employe trained under paragraph (5) may utilize an
emergency opioid antagonist from the school's or institution's
supply to administer emergency opioid antagonists to a student
or employe in response to an opioid-related overdose under
paragraph (1).
(7) In the event a student or employe is believed to be
having an opioid-related overdose, the school's or institution's
nurse or an employe in the school or institution who is
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responsible for the storage and use of emergency opioid
antagonists shall contact 911 as soon as possible.
(8) At the request of a parent or legal guardian of a
nonpublic school student or student at an independent
institution of higher education who is a minor, a student shall
be exempt from paragraphs (1), (6) and (9). The principal of the
school or institution in which the student is enrolled shall
notify all parents and legal guardians of the ability to exempt
their children from paragraphs (1), (6) and (9) by returning a
signed opt-out form.
(9) The provisions of 42 Pa.C.S. §§ 8332 and 8337.1 shall
apply to an individual who administers an emergency opioid
antagonist under this subsection.
(10) Administration of an emergency opioid antagonist under
this subsection shall comply with section 504 of the
Rehabilitation Act of 1973 and 22 Pa. Code Ch. 15.
(11) A school and institution may provide training programs
and training and instructional materials developed and
implemented by the department under subsection (a)(3) to
employes and students. All employes of nonpublic schools and
independent institutions of higher education may take part in a
training program offered through the department under subsection
(a)(3).
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