A04917
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2527
Session of
2022
INTRODUCED BY QUINN, GUENST, POLINCHOCK, HILL-EVANS, CIRESI,
STRUZZI, N. NELSON, SAPPEY, ROWE AND GILLEN, APRIL 20, 2022
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 24, 2022
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
definitions and for drug overdose medication.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13.8 of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, is amended to read:
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.
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(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
standards and qualifications prescribed by the State Board of
Education under 24 Pa.C.S. Ch. 65 (relating to private colleges,
universities and seminaries).
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"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
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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:
Section 13.8. Drug Overdose Medication.--(a) The
department, in carrying out its duties under 28 Pa. Code Ch.
1023 (relating to personnel), shall have the following duties:
(1) [By December 31, 2014, amend] AMEND By December 31,
[2014, amend] 2022, amend the prehospital practitioner scope of
practice of emergency medical services providers to include the
administration of [naloxone] an opioid antagonist .
(2) In consultation with the Pennsylvania Emergency Health
Services Council, implement training, treatment protocols,
equipment lists and other policies and procedures for all types
of emergency medical services providers.
(3) In consultation with the Department of Drug and Alcohol
Programs, develop or approve training and instructional
materials [about recognizing opioid-related overdoses,
administering [naloxone] an opioid antagonist and promptly
seeking medical attention. The training and instruction
materials shall be provided free of charge on the 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
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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:
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(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.
(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.
(b) A law enforcement agency, fire department or fire
company may enter into written agreements with emergency medical
services agencies, with the consent of that agency's medical
director or a physician, to do the following:
(1) Obtain a supply of [naloxone] an emergency opioid
antagonist.
(2) Authorize a law enforcement officer or firefighter who
has completed training under subsection (a)(2), or who has
received the training and instructional materials under
subsection (a)(3), to administer [naloxone] an emergency opioid
antagonist to an individual undergoing or believed to be
undergoing an opioid-related drug overdose.
(c) Notwithstanding any other law to the contrary, a health
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care professional otherwise authorized to prescribe [naloxone]
an emergency opioid antagonist may dispense, prescribe or
distribute [naloxone] the emergency opioid antagonist directly
or by a standing order to an authorized law enforcement officer
or firefighter in accordance with an agreement under subsection
(b) or to a person at risk of experiencing an opioid-related
overdose or family member, friend or other person in a position
to assist a person at risk of experiencing an opioid-related
overdose.
(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
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successfully complete a training program developed and
implemented by the department under subsection (a)(3).
(5) A correctional institution shall establish a prisoner
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.
(d) The provisions of the act of September 27, 1961
(P.L.1700, No.699), known as the "Pharmacy Act," shall not apply
to a law enforcement officer or firefighter who stores
[naloxone] an emergency opioid antagonist pursuant to an
agreement under subsection (b), and in accordance with
directions from the health care professional that prescribed,
dispensed or distributed the [naloxone] emergency opioid
antagonist, or to a person or organization acting at the
direction of a health care professional authorized to prescribe
[naloxone] an emergency opioid antagonist so long as such
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activities are undertaken without charge or compensation.
(e) (1) A licensed health care professional who, acting in
good faith, prescribes or dispenses [naloxone] an emergency
opioid antagonist shall not be subject to any criminal or civil
liability or any professional disciplinary action for:
(i) such prescribing or dispensing; or
(ii) any outcomes resulting from the eventual administration
of [naloxone] the emergency opioid antagonist .
(2) The immunity under paragraph (1) shall not apply to a
health professional who acts with intent to harm or with
reckless indifference to a substantial risk of harm.
(f) (1) A person, law enforcement agency, fire department
or fire company under subsection (b)(2) [or (c)], (c) or (c.2)
who, acting in good faith and with reasonable care, administers
[naloxone] an emergency opioid antagonist to another person whom
the person believes to be suffering an opioid-related drug
overdose:
(i) Shall be immune from criminal prosecution, sanction
under any professional licensing statute and civil liability for
such act.
(ii) Shall not be subject to professional review for such
act.
(iii) Shall not be liable for any civil damages for acts or
omissions resulting from such act.
(2) Receipt of training and instructional materials that
meet the criteria of subsection (a) and the prompt seeking of
additional medical assistance shall create a rebuttable
presumption that the person acted with reasonable care in
administering [naloxone] an emergency opioid antagonist .
(g) Nothing in this section shall be interpreted to limit
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any existing immunities for emergency response providers and
others provided for under 42 Pa.C.S. § 8332 (relating to
emergency response provider and bystander good Samaritan civil
immunity).
(h) As used in this section, the term "opioid antagonist"
means a drug or device approved by the Federal Food, Drug and
Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) for
emergency reversal of known or suspected opioid overdose,
including naloxone hydrochloride or other similarly acting drugs
approved by the United States Food and Drug Administration for
the treatment of an opioid overdose. (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
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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
rescue) shall apply to an individual who administers an
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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).
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(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
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.
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(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).
Section 2. This act shall take effect in 60 days.
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