S. 2092 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2092 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Markey introduced the following bill; which was read twice and 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 drugs. 1. Short title This Act may be cited as the Opioid Overdose Reduction Act of 2014. 2. Findings and purpose (a) Findings Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased fivefold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Death from heroin and other opioid overdoses can be prevented if the person who overdosed is timely administered an opioid overdose drug. (5) Medical personnel as well as non-medical personnel can be trained to administer opioid overdose drugs safely and effectively. (6) Several States, including Massachusetts, have established programs allowing for the administration of opioid overdose drugs by non-medical personnel, and those programs have saved lives. (7) The willingness of medical and non-medical personnel to administer opioid overdose drugs may be deterred by potential civil liability, and the willingness of physicians to prescribe opioid overdose drugs to persons other than a patient may also be deterred by potential civil liability. (b) 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 drugs. 3. Definitions In this Act— (1) the term health care professional means a person licensed by a State to prescribe prescription drugs; (2) the term opioid overdose drug means a drug that, when administered, reverses in whole or part the pharmacological effects of an opioid overdose in the human body; and (3) the term opioid overdose program means a Federal, State, or local agency program or a program funded by a Federal, State, or local government that works to prevent opioid overdoses by, in part, providing opioid overdose drugs and education to individuals at risk of experiencing an opioid overdose or to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose. 4. Preemption and election of State nonapplicability (a) Preemption Except as provided in subsection (b), this Act preempts the law of a State to the extent that such law is inconsistent with this Act, 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 drugs. (b) Election of State regarding nonapplicability Sections 5, 6, and 7 shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if— (1) all parties to the civil action are citizens of the State in which such action is brought; and (2) the State enacts legislation in accordance with State requirements for enacting legislation— (A) citing the authority of this subsection; (B) declaring the election of the State that such sections 5, 6, and 7 shall not apply, as of a date certain, to any civil actions covered by this Act; and (C) containing no other provisions. 5. Limitation on civil liability for health care professionals who provide opioid overdose drugs (a) In general Notwithstanding any other provision of law, a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose, or who prescribed or provided an opioid overdose drug to a family member, friend, or other individual in a position to assist an individual at risk of experiencing an opioid overdose, 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 program. (b) Exception Subsection (a) shall not apply to a health care professional if the harm was caused by the gross negligence or reckless misconduct of the health care professional. 6. Limitation on civil liability for individuals working for or volunteering at a state or local agency opioid overdose program (a) In General Notwithstanding any other provision of law, except as provided in subsection (b), 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— (1) works for or volunteers at an opioid overdose program; and (2) provides the opioid overdose drug as part of the opioid overdose program to an individual authorized by the program to receive an opioid overdose drug. (b) Exception Subsection (a) shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. 7. Limitation on civil liability for individuals who administer opioid overdose drugs (a) In general Notwithstanding any other provision of law, except as provided in subsection (b), 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 opioid, if— (1) the individual who administers the opioid overdose drug obtained the drug from a health care professional or as part of an opioid overdose program; and (2) was educated by the health care professional or an opioid overdose program in the proper administration of the opioid antagonist drug. (b) Exception Subsection (a) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug.