[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2092 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2092

To provide certain protections from civil liability with respect to the 
           emergency administration of opioid overdose drugs.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opioid Overdose Reduction Act of 
2014''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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