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 <-may not be charged and shall be immune from prosecution
19for any offense listed in subsection (b) and <-from for a
20violation of probation or parole if the person can establish the

1(1) law enforcement officers only became aware of the
2person's commission of an offense listed in subsection (b)
3because the person transported a person experiencing a drug
4overdose event to a law enforcement agency, a campus security
5office or a health care facility; or

6(2) all of the following apply:

7(i) <-law enforcement officers only became aware of the
8person's commission of an offense listed in subsection (b)
9because the person reported, in good faith, a drug overdose
10event to a law enforcement officer, the 911 system, a campus
11security officer or emergency services personnel<-, based on a and
12the report was made on the reasonable belief that another person
13was in need of immediate medical attention <-and was necessary to
14prevent death or serious bodily injury due to a drug overdose;

<-15(ii) the person reasonably believed he was the first person
16to contact a law enforcement officer, the 911 system, a campus
17security officer or emergency services personnel to report that
18the person needed immediate medical attention to prevent death
19or serious bodily injury due to a drug overdose;

20(iii) <-(ii) the person provided his own name and location and
21cooperated with the law enforcement officer, 911 system, campus
22security officer or emergency services personnel; and

<-23(iv) (iii) the person remained with the person needing
24immediate medical attention until a law enforcement officer, a
25campus security officer or emergency services personnel arrived.

26(b) The <-limited immunity prohibition on charging or
27prosecuting a person as described in subsection (a) bars
<-28prosecution charging or prosecuting a person for probation and
29parole violations and for violations of section 13(a)(5), (16),
30(19), (31), (32), (33) and (37).

<-1(c) The immunity described in this section also extends to
2the person who suffered the drug overdose event if all the
3conditions of subsection (a)(1) or (2) are satisfied.

4(c) Persons experiencing drug overdose events <-may not be
5charged and shall be immune from prosecution as provided in
6subsection (b) if a person who transported or reported and
7remained with them <-may not be charged and is entitled to
8immunity under this section.

9(d) The <-immunity prohibition on charging or prosecuting a
10person as described in this section is limited in the following

12(1) This section may not bar <-prosecutions or penalties
<-13charging or prosecuting a person for offenses enumerated in
14subsection (b) if a law enforcement officer obtains information
15prior to or independent of the action of seeking or obtaining
16emergency assistance as described in subsection (a).

17(2) This section may not interfere with or prevent the
18investigation, arrest<-, charging or prosecution of a person for
19the delivery or distribution of a controlled substance, drug-
20induced homicide or any other crime not set forth in subsection

22(3) This section may not bar the admissibility of any
23evidence in connection with the investigation and prosecution
24for any other prosecution not barred by this section.

25(4) This section may not bar the admissibility of any
26evidence in connection with the investigation and prosecution of
27a crime with regard to another defendant who does not
28independently qualify for the <-immunity prohibition on charging
29or prosecuting a person as provided for by this section.

<-30(e) In addition to any other applicable immunity or

1limitation on civil liability, a law enforcement officer or 
2prosecuting attorney who, acting in good faith, charges a person 
3who is thereafter determined to be entitled to immunity under 
4this section shall be not be subject to civil liability for the 
5filing of the charges.

<-6(e) Definitions.-- (f) As used in this section, the
7following words and phrases shall have the meanings given to
8them in this subsection unless the context clearly indicates

10"911 system." A system, including enhanced 911 service and a
11wireless E-911 system, that permits a person dialing 911 by
12telephone to be connected to a public safety answering point,
13via normal telephone facilities, for the reporting of police,
14fire, medical or other emergency situations.

15"Campus security officer." An employee of an institution of
16higher education charged with maintaining the safety and
17security of the property of the institution and the persons on
18the property.

19"Drug overdose event." An acute medical condition,
20including, but not limited to, severe physical illness, coma,
21mania, hysteria or death, which is the result of consumption or
22use of one or more controlled substances causing an adverse
23reaction. A patient's condition shall be deemed to be a drug
24overdose if a prudent layperson, possessing an average knowledge
25of medicine and health, would reasonably believe that the
26condition is in fact a drug overdose and requires immediate
27medical attention.

28"Emergency services personnel." Individuals, including a
29trained volunteer or a member of the armed forces of the United
30States or the National Guard, whose official or assigned

1responsibilities include performing or directly supporting the
2performance of emergency medical and rescue services or

4"Law enforcement officer." A person who by virtue of the
5person's office or public employment is vested by law with a
6duty to maintain public order or to make arrests for offenses,
7whether that duty extends to all offenses or is limited to
8specific offenses, or a person on active State duty under 51
9Pa.C.S. § 508 (relating to active duty for emergency).

<-10Section 13.8. Drug Overdose Medication.--(a) The
11department, in carrying out its duties under 28 Pa. Code Ch.
121023 (relating to personnel), shall have the following duties:

13(1) By December 31, 2014, amend the prehospital practitioner
14scope of practice of emergency medical services providers to
15include the administration of naloxone.

16(2) In consultation with the Pennsylvania Emergency Health
17Services Council, implement training, treatment protocols,
18equipment lists and other policies and procedures for all types
19of emergency medical services providers.

<-20(3) In consultation with the Department of Drug and Alcohol
21Programs, develop or approve training and instructional
22materials about recognizing opioid-related overdoses,
23administering naloxone and promptly seeking medical attention.
24The training and instruction materials shall be provided free of
25charge on the Internet.

26(b) A law enforcement agency, fire department or fire
27company may enter into written agreements with emergency medical
28services agencies, with the consent of that agency's medical
29director or a physician, to do the following:

30(1) Obtain a supply of naloxone.

1(2) Authorize a law enforcement officer or firefighter who
2has completed training under subsection (a)(2)<-, or who has 
3received the training and instructional materials under 
4subsection (a)(3), to administer naloxone to an individual
5undergoing or believed to be undergoing an opioid-related drug

7(c) Notwithstanding any other law to the contrary, a health
8care professional otherwise authorized to prescribe naloxone may
9dispense, prescribe or distribute naloxone <-directly or by a
10standing order to an authorized law enforcement officer or
11firefighter in accordance with an agreement under subsection
12(b)<-. or to a person at risk of experiencing an opioid-related
13overdose or family member, friend or other person in a position
14to assist a person at risk of experiencing an opioid-related

16(d) The provisions of the act of September 27, 1961
17(P.L.1700, No.699), known as the "Pharmacy Act," shall not apply
18to a law enforcement officer or firefighter who stores naloxone
19pursuant to an agreement under subsection (b), and in accordance
20with directions from the health care professional that
21prescribed, dispensed or distributed the naloxone<-., or to a
22person or organization acting at the direction of a health care
23professional authorized to prescribe naloxone so long as such
24activities are undertaken without charge or compensation.

25(e) (1) A licensed health care professional who, acting in
26good faith, prescribes or dispenses naloxone shall not be
27subject to any criminal or civil liability or any professional
28disciplinary action for:

29(i) such prescribing or dispensing; or

30(ii) any outcomes resulting from the eventual administration

1of naloxone.

2(2) The immunity under paragraph (1) shall not apply to a
3health professional who acts with intent to harm or with
4reckless indifference to a substantial risk of harm.

5(f) (1) A person <-authorized, law enforcement agency, fire
6department or fire company under subsection (b)(2) <-or (c) who,
7acting in good faith and with reasonable care, administers
8naloxone to another person whom the person believes to be
9suffering an opioid-related drug overdose:

10(i) Shall be immune from criminal prosecution, sanction
11under any professional licensing statute and civil liability for
12such act.

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

15(iii) Shall not be liable for any civil damages for acts or
16omissions resulting from such act.

17(2) Receipt of training and instructional materials that
18meet the criteria of subsection (a) and the prompt seeking of
19additional medical assistance shall create a rebuttable
20presumption that the person acted with reasonable care in
21administering naloxone.

<-22(g) Nothing in this section shall be interpreted to limit
23any existing immunities for emergency response providers and
24others provided for under 42 Pa.C.S. § 8332 (relating to 
25emergency response provider and bystander good Samaritan civil 

27Section 2. This act shall take effect in 60 days.