AN ACT

 

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," further providing for
11definitions; and providing for treatment of overdose with
12opioid antagonist.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 2(b) of the act of April 14, 1972
16(P.L.233, No.64), known as The Controlled Substance, Drug,
17Device and Cosmetic Act, is amended by adding definitions to
18read:

19Section 2. Definitions.--* * *

20(b) As used in this act:

21* * *

22"First responder." Law enforcement, firefighter, rescue
23personnel or any other person who provides emergency response,

1first aid or other medically related assistance either in the
2course of the person's occupational duties or as a volunteer,
3who completes an opioid antagonist administration training
4program and meets any other requirements established by
5regulation.

6* * *

7"Opioid." A substance having an addiction-forming or
8addiction-sustaining liability similar to morphine or other
9opiates.

10"Opioid antagonist." Naloxone hydrochloride or any other
11drug administered via a nasal atomizer and approved by the
12Federal Food and Drug Administration for the treatment of an
13opioid-related overdose.

14"Opioid antagonist administration training program." A
15program approved by the department in consultation with the
16Department of Drug and Alcohol Programs to train an individual
17to recognize and respond to an opioid-related overdose and
18administer an opioid antagonist.

19* * *

20Section 2. The act is amended by adding a section to read:

21Section 13.7. Treatment of overdose with opioid
22antagonist.--(a) A first responder may administer an opioid
23antagonist to another person if the first responder:

24(1) believes in good faith that the other person is
25experiencing an opioid-related overdose; and

26(2) acts with reasonable care in administering the opioid
27antagonist to the other person.

28(b) (1) A practitioner acting in good faith and exercising
29reasonable care may directly or by standing order or protocol
30prescribe an opioid antagonist to the following:

1(i) A person at risk of experiencing an opioid-related
2overdose.

3(ii) A family member, friend or other person in a position
4to assist a person at risk of experiencing an opioid-related
5overdose.

6(iii) A first responder in a position to assist a person at
7risk of experiencing an opioid-related overdose.

8(2) Prior to prescribing an opioid antagonist under this
9subsection, a practitioner shall require proof that the person
10requesting the prescription for the opioid antagonist has
11completed an opioid antagonist administration training program.

12(c) A person who receives an opioid antagonist that was
13prescribed under subsection (b) may administer an opioid
14antagonist to another person if:

15(1) the person has a good faith belief that the other person
16is experiencing an opioid-related overdose; and

17(2) the person exercises reasonable care in administering
18the drug to the other person.

19(d) The following individuals shall be immune from civil
20liability or criminal prosecution for an action authorized under
21this section:

22(1) A first responder who administers an opioid antagonist
23to another person under subsection (a).

24(2) A practitioner who prescribes an opioid antagonist under
25subsection (b).

26(3) A person who administers an opioid antagonist under
27subsection (c).

28(e) The department, in consultation with the Department of
29Drug and Alcohol Programs, may promulgate regulations to
30implement this section.

1Section 3. This act shall take effect in 60 days.