1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," providing for drug
11overdose response immunity.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The act of April 14, 1972 (P.L.233, No.64), known
15as The Controlled Substance, Drug, Device and Cosmetic Act, is
16amended by adding <-a section sections to read:

17Section 13.7. Drug Overdose Response Immunity.--(a) A
18person shall be immune from prosecution for any offense listed
19in subsection (b) and from a violation of probation or parole if
20the person can establish the following:

21(1) law enforcement officers only became aware of the

1person's commission of an offense listed in subsection (b)
2because the person transported a person experiencing a drug
3overdose event to a law enforcement agency, a campus security
4office or a health care facility; or

5(2) all of the following apply:

6(i) <-law enforcement officers only became aware of the
7person's commission of an offense listed in subsection (b)
8because the person reported, in good faith, a drug overdose
9event to a law enforcement officer, the 911 system, a campus
10security officer or emergency services personnel<-, based on a and
11the report was made on the reasonable belief that another person
12was in need of immediate medical attention <-and was necessary to
13prevent death or serious bodily injury due to a drug overdose;

<-14(ii) the person reasonably believed he was the first person
15to contact a law enforcement officer, the 911 system, a campus
16security officer or emergency services personnel to report that
17the person needed immediate medical attention to prevent death
18or serious bodily injury due to a drug overdose;

19(iii) <-(ii) the person provided his own name and location and
20cooperated with the law enforcement officer, 911 system, campus
21security officer or emergency services personnel; and

<-22(iv) (iii) the person remained with the person needing
23immediate medical attention until a law enforcement officer, a
24campus security officer or emergency services personnel arrived.

25(b) The limited immunity described in subsection (a) bars
26prosecution for probation and parole violations and for
27violations of section 13(a)(5), (16), (19), (31), (32), (33) and

<-29(c) The immunity described in this section also extends to
30the person who suffered the drug overdose event if all the

1conditions of subsection (a)(1) or (2) are satisfied.

<-2(c) Persons experiencing drug overdose events shall be
3immune from prosecution as provided in subsection (b) if a
4person who transported or reported and remained with them is
5entitled to immunity under this section.

6(d) The immunity described in this section is limited in the
7following respects:

8(1) This section may not bar prosecutions or penalties for
9offenses enumerated in subsection (b) if a law enforcement
10officer obtains information prior to or independent of the
11action of seeking or obtaining emergency assistance as described
12in subsection (a).

13(2) This section may not interfere with or prevent the
14investigation, arrest or prosecution of a person for the
15delivery or distribution of a controlled substance, drug-induced
16homicide or any other crime not set forth in subsection (b).

17(3) This section may not bar the admissibility of any
18evidence in connection with the investigation and prosecution
19for any other prosecution not barred by this section.

20(4) This section may not bar the admissibility of any
21evidence in connection with the investigation and prosecution of
22a crime with regard to another defendant who does not
23independently qualify for the immunity provided for by this

25(e) Definitions.--As used in this section, the following
26words and phrases shall have the meanings given to them in this
27subsection unless the context clearly indicates otherwise:

28"911 system." A system, including enhanced 911 service and a
29wireless E-911 system, that permits a person dialing 911 by
30telephone to be connected to a public safety answering point,

1via normal telephone facilities, for the reporting of police,
2fire, medical or other emergency situations.

3"Campus security officer." An employee of an institution of
4higher education charged with maintaining the safety and
5security of the property of the institution and the persons on
6the property.

7"Drug overdose event." An acute medical condition,
8including, but not limited to, severe physical illness, coma,
9mania, hysteria or death, which is the result of consumption or
10use of one or more controlled substances causing an adverse
11reaction. A patient's condition shall be deemed to be a drug
12overdose if a prudent layperson, possessing an average knowledge
13of medicine and health, would reasonably believe that the
14condition is in fact a drug overdose and requires immediate
15medical attention.

16"Emergency services personnel." Individuals, including a
17trained volunteer or a member of the armed forces of the United
18States or the National Guard, whose official or assigned
19responsibilities include performing or directly supporting the
20performance of emergency medical and rescue services or

22"Law enforcement officer." A person who by virtue of the
23person's office or public employment is vested by law with a
24duty to maintain public order or to make arrests for offenses,
25whether that duty extends to all offenses or is limited to
26specific offenses, or a person on active State duty under 51
27Pa.C.S. § 508 (relating to active duty for emergency).

<-28Section 13.8. Drug Overdose Medication.--(a) The
29department, in carrying out its duties under 28 Pa. Code Ch.
301023 (relating to personnel), shall have the following duties:

1(1) By December 31, 2014, amend the prehospital practitioner
2scope of practice of emergency medical services providers to
3include the administration of naloxone.

4(2) In consultation with the Pennsylvania Emergency Health
5Services Council, implement training, treatment protocols,
6equipment lists and other policies and procedures for all types
7of emergency medical services providers.

8(b) A law enforcement agency, fire department or fire
9company may enter into written agreements with emergency medical
10services agencies, with the consent of that agency's medical
11director or a physician, to do the following:

12(1) Obtain a supply of naloxone.

13(2) Authorize a law enforcement officer or firefighter who
14has completed training under subsection(a)(2) to administer
15naloxone to an individual undergoing or believed to be
16undergoing an opioid-related drug overdose.

17(c) Notwithstanding any other law to the contrary, a health
18care professional otherwise authorized to prescribe naloxone may
19dispense, prescribe or distribute naloxone to an authorized law
20enforcement officer or firefighter in accordance with an
21agreement under subsection (b).

22(d) The provisions of the act of September 27, 1961
23(P.L.1700, No.699), known as the "Pharmacy Act," shall not apply
24to a law enforcement officer or firefighter who stores naloxone
25pursuant to an agreement under subsection (b), and in accordance
26with directions from the health care professional that
27prescribed, dispensed or distributed the naloxone.

28(e) (1) A licensed health care professional who, acting in
29good faith, prescribes or dispenses naloxone shall not be
30subject to any criminal or civil liability or any professional

1disciplinary action for:

2(i) such prescribing or dispensing; or

3(ii) any outcomes resulting from the eventual administration
4of naloxone.

5(2) The immunity under paragraph (1) shall not apply to a
6health professional who acts with intent to harm or with
7reckless indifference to a substantial risk of harm.

8(f) (1) A person authorized under subsection (b)(2) who,
9acting in good faith and with reasonable care, administers
10naloxone to another person whom the person believes to be
11suffering an opioid-related drug overdose:

12(i) Shall be immune from criminal prosecution, sanction
13under any professional licensing statute and civil liability for
14such act.

15(ii) Shall not be subject to professional review for such

17(iii) Shall not be liable for any civil damages for acts or
18omissions resulting from such act.

19(2) Receipt of training and instructional materials that
20meet the criteria of subsection (a) and the prompt seeking of
21additional medical assistance shall create a rebuttable
22presumption that the person acted with reasonable care in
23administering naloxone.

24Section 2. This act shall take effect in 60 days.