118 HR 6243 IH: Overdose Reversal Medication Act U.S. House of Representatives 2023-11-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 6243IN THE HOUSE OF REPRESENTATIVESNovember 6, 2023Mr. Gallego (for himself and Mr. Nunn of Iowa) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo direct the Secretary of Labor to issue an occupational safety and health standard that requires employers to keep opioid overdose reversal drugs onsite and develop and implement training plans to respond to drug overdose emergencies and to amend the Omnibus Crime Control and Safe Streets Act of 1968 to expand the grants authorized under the Comprehensive Opioid Abuse Grant Program.

1.

Short title

This Act may be cited as the Overdose Reversal Medication Act or the ORM Act.

2.

Opioid overdose reversal drug standard

(a)

Interim Final Standard

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall issue an interim final standard on workplace availability of an opioid overdose reversal drug or device—(A)to require all employers to possess an opioid overdose reversal drug or device on site, where the required number of doses of such drug or device required is determined on the basis of the number of employees of the employer on site, type of occupation, and an assessment of potential use;(B)that establishes guidelines for training on—(i)identifying signs and symptoms indicating that usage of an opioid overdose drug or device is necessary; and(ii)how to administer such opioid overdose reversal drug or device; and(C)that provides for a period as determined appropriate by the Secretary, not to exceed 1 year, during which the Secretary shall prioritize technical assistance and advice consistent with section 21(d) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 670(d)) to employers subject to the standard with respect to compliance with the standard.(2)

Effective date of interim standard

The interim final standard shall—(A)take effect on a date that is not later than 30 days after issuance;(B)shall have the same legal effect as an occupational safety and health standard as defined by section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652); and(C)be in effect until the final standard described in subsection (b) becomes effective and enforceable.(3)

Failure to promulgate

If an interim final standard described in paragraph (1) is not issued by the date that is 1 year after the date of enactment of this Act, the provisions of this Act shall be in effect and enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act (29 U.S.C. 655(b)) until such provisions are superseded in whole by an interim final standard issued by the Secretary that meets the requirements of paragraph (1).(b)

Final standard

Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a final standard on workplace availability of opioid overdose reversal drugs or devices—(1)for the purposes described in subsection (a)(1)(A); (2)that shall include, at a minimum, requirements contained in the interim final standard promulgated under subsection (a); and(3)be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)).(c)

Definitions

In this section:(1)

Employee; employer

The terms employee and employer have the meaning given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).(2)

Opioid overdose reversal drug or device

The term opioid overdose reversal drug or device means an opioid overdose reversal drug or device approved, licensed, cleared, or otherwise authorized for marketing by the Food and Drug Administration.(3)

Secretary

The term Secretary means the Secretary of Labor.

3.

Expansion of the Comprehensive Opioid Abuse Grant Program

Section 3021 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10701(a)) is amended—(1)in subsection (a), by adding at the end the following:(11)Developing, implementing, or expanding a program (which may include demonstration projects) that—(A)provides training on carrying and administering an opioid overdose reversal drug or device approved, licensed, cleared, or otherwise authorized for marketing by the Food and Drug Administration for local businesses, individuals, or other community entities that are likely to encounter individuals with substance use disorders, but are not eligible for other Federal grant programs or to receive training or resources under such a grant program related to substance use prevention and treatment; or(B)provides resources for employers, individuals, or community entities described in subparagraph (A) who have received training described in subparagraph (A) to acquire, carry, and administer such a drug or device.; and(2)by adding at the end the following:(g)

Preferential consideration

In awarding grants under this part, the Attorney General may give preferential consideration to an application from an applicant in a State that has in effect a law that exempts from criminal and civil liability individuals who carry or administer in good faith an opioid overdose reversal drug or device approved, licensed, cleared, or otherwise authorized for marketing by the Food and Drug Administration, if such an individual has been trained to carry or administer such drug or device..