,,ii #aagth ,,congress #b;d ,session ,s4 #dghb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #d1 #bjbb,mr4 ,scott of ,florida introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to combat the fentanyl crisis4 #a4 ,short title ,this ,act may be cited as the ,streamlining ,text for ,official ,policy by ,formulating ,effective ,needed ,tools to ,address ,narcotics1 ,yearly ,loss of life and ,protect ,americans from ,chemical ,killers and ,against ,gangs ,effectively ,act or the ,,stop ,,fentanyl ,,package4 #b4 ,liability protections for opioid overdose reversal drugs 7a7 ,definitions ,in this section3 7#a7 ,first responder ,the term first responder means-- 7,a7 a first responder as defined in section #cjbe of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajgje72 or 7,b7 a special agent or task force officer of the ,drug ,enforcement ,administration4 7#b7 ,health care provider ,the term health care provider has the meaning given such term in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa74 7#c7 ,lay administrator ,the term lay administrator-- 7,a7 means-- 7i7 an individual at risk of undergoing an opioid-related overdose2 7ii7 an individual in a position to assist an individual at risk of undergoing an opioid-related overdose1 including a family member or friend of such an individual at risk2 or 7iii7 an employee or volunteer of a community-based organization2 and 7,b7 excludes a first responder as defined in paragraph 7#a74 7#d7 ,opioid overdose reversal drug ,the term opioid overdose reversal drug means a drug approved under section #eje of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7 that is designed to rapidly reverse the effects of an opioid-related overdose4 7b7 ,health care providers 7#a7 ,authority 7,a7 ,in general ,a health care provider1 engaged in or affecting interstate or foreign commerce1 may1 subject to subparagraphs 7,b7 and 7,c71 prescribe1 dispense1 or distribute an opioid overdose reversal drug to-- 7i7 an individual at risk of undergoing an opioid-related overdose2 or 7ii7 an individual who is in a position to assist an individual at such risk1 including a family member or friend of such an individual at risk4 7,b7 ,education and training requirements ,upon prescribing1 dispensing1 or distributing an opioid overdose reversal drug to any individual as described in subparagraph 7,a71 a health care provider 7or designated staff of such provider7 shall provide to that individual 7or1 with respect an individual described in subparagraph 7,a77i71 a family member or caregiver of such individual as the health care provider determines appropriate7 education and training that includes information on-- 7i7 the importance of seeking medical care for the individual undergoing the opioid-related overdose immediately after the drug is administered2 7ii7 how to access substance use disorder treatment services2 7iii7 how the opioid overdose reversal drug operates to stop an opioid-related overdose2 7iv7 when the administration of the opioid overdose reversal drug is medically indicated2 7v7 how to properly administer the opioid overdose reversal drug and circumstances under which administration of the opioid overdose reversal drug is contraindicated2 7vi7 precautions1 warnings1 and potential reactions with respect to the opioid overdose reversal drug2 7vii7 techniques on how to recognize symptoms of an opioid-related overdose2 7viii7 standards and procedures for the storage of the drug2 7ix7 proper disposal of expired opioid overdose reversal drugs2 and 7x7 emergency follow-up procedures4 7,c7 ,records ,a health care provider shall maintain a record of each individual to whom the health care provider 7or designated staff7 has provided the education and training under subparagraph 7,b74 ,each such record shall be maintained for a period of #b years beginning on the date on which the health care provider 7or designated staff7 provides the education and training4 7#b7 ,liability 7,a7 ,in general ,a health care provider1 engaged in or affecting interstate or foreign commerce1 shall be immune from civil liability1 criminal prosecution1 or disciplinary or other adverse action under any professional licensing statute for any outcomes resulting from-- 7i7 an action taken by the provider that is authorized under paragraph 7#a72 or 7ii7 the administration by a person other than the health care provider of the opioid overdose reversal drug to an individual regardless of whether that individual is the person to whom the provider prescribed the drug4 7,b7 ,exception ,subparagraph 7,a7 shall not apply in the case that personal injury results from the gross negligence or willful or wanton misconduct of the health care provider4 7c7 ,first responders 7#a7 ,authority 7,a7 ,in general ,a first responder1 engaged in or affecting interstate or foreign commerce1 may1 subject to subparagraphs 7,b7 and 7,c71 receive a prescription or supply allocation for an opioid overdose reversal drug 7including through a standing order71 maintain the drug in the possession of the first responder1 administer the drug to any individual who is undergoing or whom the responder believes is undergoing an opioid-related overdose1 or distribute the drug to an individual described in clause 7i7 or 7ii7 of subsection 7b77#a77;,a74 7,b7 ,education and training requirements 7i7 ,in general ,prior to receiving a prescription or supply allocation for an opioid overdose reversal drug as described in subparagraph 7,a71 a first responder shall-- 7,i7 complete the education and training provided by a health care provider 7or designated staff7 under subsection 7b77#a77;,b72 or 7,,ii7 review the ,opioid ,overdose ,prevention ,toolkit published by the ,substance ,abuse and ,mental ,health ,services ,administration 7or a successor publication71 or a substantially similar publication from the applicable ,state public health agency4 7ii7 ,renewals ,the requirement under clause 7i7 to complete the education and training or review the toolkit described in such clause shall be completed not less than once every #b years4 7,c7 ,records ,a first responder shall maintain-- 7i7 a record of each instance in which the first responder administers or distributes an opioid overdose reversal drug in accordance with subparagraph 7,a7 for a period of #b years beginning on the date on which the first responder administers or distributes the drug2 and 7ii7 verification that the first responder has complied with the requirements under subparagraph 7,b7 for a period of #b years following each completion or review described in such subparagraph4 7#b7 ,liability 7,a7 ,in general ,a first responder who takes any action authorized under paragraph 7#a7 shall be immune from civil liability1 criminal prosecution1 or disciplinary or other adverse action under any professional licensing statute for any outcomes resulting from such action4 7,b7 ,exception ,subparagraph 7,a7 shall not apply in the case that personal injury results from the gross negligence or willful or wanton misconduct of the first responder4 7d7 ,lay administrators 7#a7 ,authority 7,a7 ,in general ,a lay administrator1 engaged in or affecting interstate or foreign commerce1 may1 subject to subparagraphs 7,b7 and 7,c71 receive a prescription for an opioid overdose reversal drug 7including through a standing order71 maintain the drug in the possession of the lay administrator1 and administer the drug to-- 7i7 in the case of a lay administrator described in subsection 7a77#c77;,a77i71 the lay administrator2 7ii7 in the case of a lay administrator described in subsection 7a77#c77;,a77ii71 the individual at risk described in such subsection2 or 7iii7 in the case of a lay administrator described in subsection 7a77#c77;,a77iii71 any individual who is undergoing1 or who is believed to be undergoing an opioid-related overdose1 and is being served through the organization described in such subsection4 7,b7 ,education and training requirements 7i7 ,in general ,prior to receiving a prescription for an opioid overdose reversal drug as described in subparagraph 7,a71 a lay administrator shall-- 7,i7 complete the education and training provided by a health care provider 7or designated staff7 under subsection 7b77#a77;,b72 or 7,,ii7 review the ,opioid ,overdose ,prevention ,toolkit published by the ,substance ,abuse and ,mental ,health ,services ,administration 7or a successor publication71 or a substantially similar publication from the applicable ,state public health agency4 7ii7 ,renewals ,the requirement under clause 7i7 to complete the education and training or review the toolkit described in such clause shall be completed not less than once every #b years4 7,c7 ,records ,a lay administrator shall maintain verification that the lay administrator has complied with the requirements under subparagraph 7,b7 for a period of #b years following each completion or review described in such subparagraph4 7#b7 ,liability 7,a7 ,in general ,a lay administrator who takes any action authorized under paragraph 7#a7 shall be immune from civil liability1 criminal prosecution1 or disciplinary or other adverse action under any professional licensing statute 7including any penalties for the unauthorized practice of medicine7 for any outcomes resulting from such action4 7,b7 ,exception ,subparagraph 7,a7 shall not apply in the case that personal injury results from the gross negligence or willful or wanton misconduct of the lay administrator4 7#c7 ,sense of ,congress ,it is the sense of ,congress that a lay administrator should-- 7,a7 call #i-a-a immediately following administering an opioid overdose reversal drug to an individual as described in paragraph 7#a77;,a72 and 7,b7 report to a first responder-- 7i7 the name1 address1 and phone number of any individual for whom the opioid overdose reversal drug was administered as described in such paragraph2 and 7ii7 the status as an injection or spray of the opioid overdose reversal drug used in such administration4 7e7 ,preemption ,this section shall preempt any ,state law that conflicts with the authorities and protections provided under this section1 except in the case of a ,state law that provides greater protection from liability than the protection provided under this section4 7f7 ,sunset ,this section shall cease to have any force or effect on the date that is #ij days after the last day of the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 with respect to the opioid crisis1 including any renewal of such emergency4 #c4 ,accurate data on opioid-related overdoses ,the ,secretary of ,health and ,human ,services and the ,attorney ,general may award grants to ,states1 territories1 and localities to support improved data and surveillance on opioid-related overdoses1 including for activities to improve postmortem toxicology testing1 data linkage across data systems throughout the ,united ,states1 electronic death reporting1 or the comprehensiveness of data on fatal and nonfatal opioid-related overdoses4 #d4 ,law enforcement grants 7a7 ,in general ,the ,attorney ,general shall make grants to local law enforcement agencies and forensic laboratories in communities with high rates of drug overdoses for the purpose of-- 7#a7 training to help officers identify overdoses2 7#b7 upgrading essential systems for tracing drugs and processing samples in forensic laboratories to provide timely1 accurate1 and standard data reporting to the ,national ,forensic ,laboratory ,information ,system2 or 7#c7 training to better trace criminals through the darknet4 7b7 ,mandatory reporting ,none of the funds made under subsection 7a7 may be used by grantees that do not submit to the ,national ,forensic ,laboratory ,information ,system reports on overdose data4 7c7 ,federal ,law ,enforcement ,training ,centers ,federal ,law ,enforcement ,training ,centers shall provide training to ,state and local law enforcement agencies on how to best coordinate with ,state and ,federal partners for tracking drug-related activity4 7d7 ,,cops grants ,section #agja7;b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 is amended-- 7#a7 in paragraph 7#bb71 by striking and at the end2 7#b7 in paragraph 7#bc71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#bd7 to provide training and resources for containment devices to prevent secondary exposure to fentanyl and other substances for first responders4 4 #e4 ,office of ,national ,drug ,control ,policy reform 7a7 ,senses of ,congress ,it is the sense of ,congress that-- 7#a7 the ,director of the ,office of ,national ,drug ,control ,policy shall be a ,cabinet-level position2 and 7#b7 nothing in this section shall affect the reporting structure of agencies with drug enforcement responsibilities4 7b7 ,requirements ,the ,office of ,national ,drug ,control ,policy shall-- 7#a7 document strategies for ensuring prevention of duplicating services and grant funding within ,national ,drug ,control ,program agencies2 7#b7 collaborate with the ,national ,center for ,health ,statistics and the ,national ,forensic ,laboratory ,information ,system1 including by working with the ,department of ,justice to create national standards for submission data to ensure uniformity across the ,united ,states1 including data from cases where the defendant pleads guilty2 and 7#c7 issue guidance that ,states and localities should record overdose deaths as homicides if there is sufficient evidence that the overdose was not self-induced and intentional4 7c7 ,drug ,enforcement ,administration 7#a7 ,in general ,the ,drug ,enforcement ,administration shall develop uniform reporting standards for inputting data into the ,national ,forensic ,laboratory ,information ,system for purity1 formulation1 and weight to allow for better comparison across jurisdictions and between agencies and the sharing of data4 7#b7 ,clarification ,nothing in paragraph 7#a7 may be construed to require the creation of new or increased obligations or reporting requirements on ,state or local laboratories4 7d7 ,interagency ,coordinating ,council ,the ,office of ,national ,drug ,control ,policy1 the ,department of ,justice1 the ,department of ,health and ,human ,services1 and other ,national ,drug ,control ,program agencies coordinate across agencies to limit duplication and ensure uniform reporting standards and improve relationships between the agencies4 7e7 ,congressional ,review ,act ,if the ,office of ,national ,drug ,control ,policy does not certify that a final rule made by a ,national ,drug ,control ,program participant is consistent with the ,national ,drug ,control ,policy1 the rule shall be deemed to be submitted under section #hja7;a77#a7 of title #e1 ,united ,states ,code4 7f7 ,reprogramming and transfer requests ,section #gjd7;c77#d77;,a7 of the ,national ,drug ,control ,policy ,reauthorization ,act of #aiih 7#ba ,u4,s4,c4 #agjc7;c77#d77;,a77 is amended by striking approved and inserting denied4 #f4 ,,dea testing ,the ,drug ,enforcement ,administration shall submit to ,congress1 as part of the annual budget process1 a specific line item for the level of funding necessary for the ,fentanyl ,profiling ,program4 #g4 ,state ,opioid ,response ,grants ,the ,assistant ,secretary for ,mental ,health and ,substance ,use shall1 to the extent practicable-- 7#a7 include in the annual report to ,congress on the ,state ,opioid ,response ,grants1 authorized under the ,consolidated ,appropriations ,act1 #bjbb 7,public ,law #aag-ajc71 an assessment of challenges of recipients of such grants1 accounting for variations in implementation2 and 7#b7 provide to recipients of such grants best practices on how to address opioid-related overdoses4