,i #aaith ,,congress #ast ,session ,h4 ,r4 #dfjg ,,in ,,the ,,house ,,of ,,representatives ,july #bb1 #bjbe,mr4 ,neguse 7for himself1 ,mrs4 ,miller of ,west ,virginia1 ,ms4 ,dean of ,pennsylvania1 ,mr4 ,bacon1 ,mr4 ,levin1 and ,ms4 ,tenney7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide protections from prosecution for drug possession to individuals who seek medical assistance when witnessing or experiencing an overdose1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,samaritan ,efforts to ,ensure ,key ,health ,emergency and ,life-saving ,protections ,act or the ,,seek ,,help ,act4 #b4 ,definitions ,in this ,act-- 7#a7 the term controlled substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 7#b7 the term emergency response providers has the meaning given that term in section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja72 7#c7 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-- 7,a7 is indicated for the partial or complete reversal of the pharmacological effects of an opioid overdose in the human body2 and 7,b7 has moved in or affecting interstate or foreign commerce2 7#d7 the term ,secretary means the ,secretary of ,health and ,human ,services2 and 7#e7 the term seek medical assistance means-- 7,a7 reporting a drug overdose or other medical emergency to a law enforcement authority1 an emergency response provider1 the #i-a-a system1 a poison control center1 or a medical or drug treatment provider2 or 7,b7 assisting another individual who is making a report described in subparagraph 7,a74 #c4 ,good ,samaritan protections for drug overdose responses 7a7 ,civil liability protections for administration of opioid overdose reversal drugs 7#a7 ,in general ,except as provided in paragraph 7#b71 an individual shall not be liable in a civil action in a ,federal or ,state court for harm caused by the emergency administration of an opioid overdose reversal drug to another individual who is or reasonably appears to be suffering a drug overdose if the individual administers the opioid overdose reversal drug in good faith4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply with respect to harm caused by willful or criminal misconduct1 gross negligence1 reckless misconduct1 or a conscious1 flagrant indifference to the rights or safety of the victim who was harmed4 7#c7 ,rule of construction ,with respect to a person who administers an opioid overdose reversal drug to another individual1 this section supersedes the law of a ,state only to the extent that the ,state has no statute or regulation that provides such a person with immunity in a civil action for the use of an opioid overdose reversal drug1 as described in paragraph 7#a74 7b7 ,criminal liability protections for seeking medical assistance for an overdose 7#a7 ,definition ,in this subsection1 the term covered individual means an individual who-- 7,a7 in good faith and a timely manner-- 7i7 seeks medical assistance for an individual experiencing or reasonably appears to be experiencing a drug overdose2 or 7ii7 seeks medical assistance for himself or herself for a drug overdose2 and 7,b7 did not seek the medical assistance during the course of the execution of an arrest warrant1 search warrant1 or other lawful search or seizure4 7#b7 ,liability protection ,a covered individual shall not be subject to prosecution1 civil asset forfeiture1 or revocation of supervised released under section #djd of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdd7 for possession of a controlled substance if a law enforcement agency1 or other government agency1 is made aware of the possession solely based on the fact that the covered individual sought medical assistance as described in clause 7i7 or 7ii7 of paragraph 7#a77;,a74 7#c7 ,admissibility and seizure of evidence or contraband ,nothing in this subsection shall be construed-- 7,a7 to limit the admissibility of evidence in connection with the prosecution of-- 7i7 an offense with regard to an individual who does not qualify for the protections under paragraph 7#b72 or 7ii7 an offense not described in paragraph 7#b7 that is committed by an individual who qualifies for the protections under such paragraph2 7,b7 to limit any seizure of evidence or contraband otherwise permitted by law2 or 7,c7 to limit the arrest of the individual or search and seizure of any evidence or contraband if there is an outstanding ,state or ,federal warrant for the individual4 7c7 ,public awareness campaign ,the ,secretary1 in consultation with the ,administrator of the ,drug ,enforcement ,administration1 shall carry out a public awareness campaign regarding the liability protections under this section4 7d7 ,use of ,,jag funds ,section #eja7;a77#a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;a77#a77 is amended by adding at the end the following3 7,j7 ,training programs for law enforcement officers of ,states and units of local government regarding legal protections for individuals seeking medical assistance in connection with a controlled substance overdose4 4 #d4 ,use of block grant funding for public awareness campaigns and initiatives 7a7 ,in general ,a ,state receiving a grant under section #aiba of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjx-#ba7 may use amounts described in section #aibb7;a77#a7 of such ,act 7#db ,u4,s4,c4 #cjjx-#bb7;a77#a77 to-- 7#a7 conduct a public awareness campaign regarding the overdose ,good ,samaritan law of the ,state2 7#b7 provide training to criminal justice professionals1 stakeholders 7including health care providers71 emergency medical service providers1 and the general public on applicable overdose ,good ,samaritan laws2 and 7#c7 to the extent possible1 share data with the ,secretary regarding the impact of overdose ,good ,samaritan laws of the ,state on individuals experiencing an overdose1 which shall include the number of calls seeking medical assistance that were received by a law enforcement agency1 the #i-a-a system1 a poison control center1 or a medical or drug treatment providers for seeking medical assistance in the event of a drug overdose4 7b7 ,definition ,in this section1 the term overdose ,good ,samaritan law means a statute providing protection from liability relating to seeking medical assistance in connection with a controlled substance overdose or administering an opioid overdose reversal drug4 #e4 ,,gao report to study effectiveness and implementation 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on evaluating the implementation of ,good ,samaritan laws for drug overdose and the effectiveness of grant funding provided to ,states and localities for awareness campaigns related to those laws4 7b7 ,contents ,the report required under subsection 7a7 shall-- 7#a7 assess the extent to which ,states and localities have implemented and enforced ,good ,samaritan laws for drug overdose2 7#b7 evaluate the effectiveness of the laws described in paragraph 7#a7 in encouraging the reporting of overdoses and the provision of timely medical assistance2 7#c7 an estimate of the number of individuals impacted by the laws described in paragraph 7#a71 including the number of individuals who have received legal protections or immunities under such laws2 7#d7 analyze the impact of the laws described in paragraph 7#a71 including-- 7,a7 an assessment of changes in overdose-related fatalities1 emergency department visits1 and the use of naloxone or other overdose reversal interventions2 and 7,b7 data on the number of calls received for overdoses before and after the implementation of such laws2 7#e7 evaluate the effectiveness of grant funding provided to ,states and localities for the purpose of spreading awareness about the laws described in paragraph 7#a72 7#f7 assess the reach and impact of educational campaigns1 community outreach initiatives1 and training programs aimed at informing the public1 healthcare providers1 law enforcement personnel1 and other relevant stakeholders about the protections and benefits provided by the laws described in paragraph 7#a72 7#g7 identify any barriers or challenges encountered during the implementation of the laws described in paragraph 7#a7 and associated awareness campaigns1 including-- 7,a7 examining the legal1 logistical1 resource-related1 or cultural factors that may impede successful adoption and utilization of the laws2 and 7,b7 exploring any challenges faced by individuals seeking help or reporting overdoses due to potential legal repercussions2 7#h7 highlight any best practices identified in ,states and localities that have effectively implemented the laws described in paragraph 7#a7 and conducted successful awareness campaigns1 including recommendations on best methods for assessing and evaluating the implementation and success for ,good ,samaritan laws2 7#i7 provide recommendations for improving the implementation and impact of the laws described in paragraph 7#a7 and optimizing the use of grant funding for education and outreach efforts2 and 7#aj7 if multiple ,states or localities have implemented different variations of the laws described in paragraph 7#a71 include a comparative analysis of their respective approaches identifying variations in outcomes1 effectiveness1 or challenges faced and providing insights for potential improvements or standardization of the laws4 7c7 ,cooperation and access ,federal agencies and relevant ,state and local authorities shall cooperate with the ,comptroller ,general of the ,united ,states and provide access to necessary information and data to facilitate the completion of the report required under subsection 7a74