PRINTER'S NO. 1668
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1377
Session of
2019
INTRODUCED BY MARKOSEK, ISAACSON, KINSEY, HOHENSTEIN, MULLINS,
SCHLOSSBERG, McNEILL, RAVENSTAHL, HERSHEY, KENYATTA, HILL-
EVANS, WILLIAMS, FIEDLER, CIRESI, SAINATO, ZABEL, ULLMAN,
KORTZ, PASHINSKI, YOUNGBLOOD, DEASY AND MALAGARI, MAY 1, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MAY 1, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for good Samaritan civil immunity for
acquiring, maintaining or administering naloxone.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8331.4. Good Samaritan civil immunity for acquiring,
maintaining or administering naloxone.
(a) General rule.--A person that in good faith acquires and
maintains naloxone or administers naloxone in an emergency shall
not be liable for any civil damages as a result of any act or
omission in administering the naloxone, except if the act or
omission is intentionally designed to harm or any grossly
negligent act or omission results in harm to the individual
being administered the naloxone.
(b) Requirements.--A person that acquires and maintains
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naloxone for use in accordance with this section shall:
(1) ensure that an individual expected to administer the
naloxone complete training in accordance with subsection (c);
(2) maintain the supply of the naloxone in a safe and
accessible location and ensure that the supply is replaced
before the expiration date provided by the manufacturer;
(3) provide instruction requiring the individual
administering the naloxone to utilize available means to
immediately contact emergency medical services; and
(4) ensure that any appropriate data or information is
made available to emergency medical services personnel or
other health care providers as requested.
(c) Training.--For purposes of this section, a person
expected to administer naloxone must complete training in
recognizing opioid-related overdoses and administering naloxone
consistent with Department of Health guidelines developed under
section 13.8(a)(3) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(d) Obstruction of emergency medical services personnel.--
Nothing in this section shall relieve a person who administers
naloxone from civil damages when the person obstructs or
interferes with care and treatment being provided by emergency
medical services personnel or a health professional.
(e) Exception.--A person who lacks the training in
accordance with subsection (c), has access to naloxone and in
good faith administers the naloxone in an emergency as any
ordinary, reasonably prudent person would do under the same or
similar circumstances shall receive immunity from civil damages
as provided under subsection (a).
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(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Drug overdose event." An acute medical condition,
including, but not limited to, 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.
"Emergency." A situation where an individual is believed to
be experiencing a drug overdose event or is in need of immediate
medical attention to prevent death or serious injury.
"Good faith." Includes a reasonable opinion that the
immediacy of the situation is such that the administration of
naloxone should not be postponed until emergency medical
services personnel arrive or the individual is hospitalized.
Section 2. This act shall take effect in 60 days.
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