,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dbhh ,,in ,,the ,,house ,,of ,,representatives ,march #bd1 #bjad ,mr4 ,neal introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide certain protections from civil liability with respect to the emergency administration of opioid overdose drugs4 #a4 ,short title ,this ,act may be cited as the ,opioid ,overdose ,reduction ,act of #bjad4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,overdoses from opioids have increased dramatically in the ,united ,states4 7#b7 ,deaths from drug overdose1 largely from prescription pain relievers1 have tripled among men and increased fivefold among women over the past decade4 7#c7 ,nationwide1 drug overdoses now claim more lives than car accidents4 7#d7 ,death from heroin and other opioid overdoses can be prevented if the person who overdosed is timely administered an opioid overdose drug4 7#e7 ,medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively4 7#f7 ,several ,states1 including ,massachusetts1 have established programs allowing for the administration of opioid overdose drugs by non-medical personnel1 and those programs have saved lives4 7#g7 ,the willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability1 and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability4 7b7 ,purpose ,the purpose of this ,act is to save the lives of people who intentionally or inadvertently overdose on heroin or other opioids by providing certain protections from civil liability with respect to the emergency administration of opioid overdose drugs4 #c4 ,definitions ,in this ,act-- 7#a7 the term health care professional means a person licensed by a ,state to prescribe prescription drugs2 7#b7 the term opioid overdose drug means a drug that1 when administered1 reverses in whole or part the pharmacological effects of an opioid overdose in the human body2 and 7#c7 the term opioid overdose program means a ,federal1 ,state1 or local agency program or a program funded by a ,federal1 ,state1 or local government that works to prevent opioid overdoses by1 in part1 providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to a family member1 friend1 or other individual in a position to assist an individual at risk of experiencing an opioid overdose4 #d4 ,preemption and election of ,state nonapplicability 7a7 ,preemption ,except as provided in subsection 7b71 this ,act preempts the law of a ,state to the extent that such law is inconsistent with this ,act1 except that this ,act shall not preempt any ,state law that provides additional protection from liability relating to the administration of opioid overdose drugs or that shields from liability any person who provides or administers opioid overdose drugs4 7b7 ,election of ,state regarding nonapplicability ,sections #e1 #f1 and #g shall not apply to any civil action in a ,state court against a person who administers opioid overdose drugs if-- 7#a7 all parties to the civil action are citizens of the ,state in which such action is brought2 and 7#b7 the ,state enacts legislation in accordance with ,state requirements for enacting legislation-- 7,a7 citing the authority of this subsection2 7,b7 declaring the election of the ,state that such sections #e1 #f1 and #g shall not apply1 as of a date certain1 to any civil actions covered by this ,act2 and 7,c7 containing no other provisions4 #e4 ,limitation on civil liability for health care professionals who provide opioid overdose drugs 7a7 ,in general ,notwithstanding any other provision of law1 a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose1 or who prescribed or provided an opioid overdose drug to a family member1 friend1 or other individual in a position to assist an individual at risk of experiencing an opioid overdose1 shall not be liable for harm caused by the use of the opioid overdose drug if the individual to whom such drug is prescribed or provided has been educated about opioid overdose prevention and treatment by the health care professional or as part of an opioid overdose program4 7b7 ,exception ,subsection 7a7 shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional4 #f4 ,limitation on civil liability for individuals working for or volunteering at a state or local agency opioid overdose program 7a7 ,in ,general ,notwithstanding any other provision of law1 except as provided in subsection 7b71 no individual who provides an opioid overdose drug shall be liable for harm caused by the emergency administration of an opioid overdose drug by another individual if the individual who provides such drug-- 7#a7 works for or volunteers at an opioid overdose program2 and 7#b7 provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug4 7b7 ,exception ,subsection 7a7 shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug4 #g4 ,limitation on civil liability for individuals who administer opioid overdose drugs 7a7 ,in general ,notwithstanding any other provision of law1 except as provided in subsection 7b71 no individual shall be liable for harm caused by the emergency administration of an opioid overdose drug to an individual who has or reasonably appears to have suffered an overdose from heroin or other opioid1 if-- 7#a7 the individual who administers the opioid overdose drug obtained the drug from a health care professional or as part of an opioid overdose program2 and 7#b7 was educated by the health care professional or an opioid overdose program in the proper administration of the opioid antagonist drug4 7b7 ,exception ,subsection 7a7 shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug4