[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2981 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2981

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2018

 Mr. Markey (for himself and Mr. Kaine) 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 
2018''.

SEC. 2. 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 program 
        operated by a local health department, community-based 
        organization, substance abuse treatment organization, law 
        enforcement agency, fire department, other first responder 
        department, or voluntary association 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 an individual in a position to assist another 
        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) Limitation on Liability.--
            (1) 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 in accordance 
        with paragraph (2) about opioid overdose prevention and 
        treatment by the health care professional or as part of an 
        opioid overdose program.
            (2) Education requirements.--For purposes of paragraph (1), 
        an individual who has been educated in accordance with this 
        paragraph shall have been trained on--
                    (A) when to administer the opioid overdose drug;
                    (B) how to administer the opioid overdose drug; and
                    (C) the steps that need to be taken after 
                administration of the opioid overdose drug.
    (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--
                    (A) obtained the drug from a health care 
                professional or as part of an opioid overdose program; 
                or
                    (B) is doing so pursuant to a prescription for an 
                opioid overdose drug under section 505 of the Federal 
                Food, Drug, and Cosmetic Act (21 U.S.C. 355) or is 
                licensed under section 351 of the Public Health Service 
                Act (42 U.S.C. 262); and
            (2) was educated in accordance with section 5(a)(2) by the 
        health care professional or an opioid overdose program.
    (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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