[Congressional Record Volume 162, Number 34 (Wednesday, March 2, 2016)]
[Senate]
[Pages S1228-S1229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3388. Mr. MARKEY (for himself and Ms. Ayotte) submitted an
amendment intended to be proposed by him to the bill S. 524, to
authorize the Attorney General to award grants to address the national
epidemics of prescription opioid abuse and heroin use; which was
ordered to lie on the table; as follows:
At the end, add the following:
TITLE VIII--OPIOID OVERDOSE REDUCTION ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Opioid Overdose Reduction
Act of 2016''.
SEC. 802. 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) Overdose deaths from heroin and other opioids 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) On April 13, 2014, the Food and Drug Administration
approved a prescription opioid overdose drug hand-held auto-
injector for use by family members and caregivers to treat a
person known or suspected to have had an opioid overdose.
(7) 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.
(8) 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 title 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. 803. DEFINITIONS.
In this title--
(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. 804. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--Except as provided in subsection (b), this
title preempts the law of a State to the extent that such law
is inconsistent with this title, except that this title 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
805, 806, and 807 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
805, 806, and 807 shall not apply, as of a date certain, to
any civil actions covered by this title; and
(C) containing no other provisions.
SEC. 805. 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. 806. 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. 807. 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 805(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
[[Page S1229]]
caused by the gross negligence or reckless misconduct of the
individual who administers the drug.
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