[Congressional Record Volume 162, Number 73 (Tuesday, May 10, 2016)]
[House]
[Pages H2179-H2181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GOOD SAMARITAN ASSESSMENT ACT OF 2016
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5048) to require a study by the Comptroller General of the
United States on Good Samaritan laws that pertain to treatment of
opioid overdoses, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5048
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 ``Good Samaritan Assessment
Act of 2016''.
SEC. 2. FINDING.
The Congress finds that the executive branch, including the
Office of National Drug Control Policy, has a policy focus on
preventing and addressing prescription drug misuse and heroin
use, and has worked with States and municipalities to enact
Good Samaritan laws that would protect caregivers, law
enforcement personnel, and first responders who administer
opioid overdose reversal drugs or devices.
SEC. 3. GAO STUDY ON GOOD SAMARITAN LAWS PERTAINING TO
TREATMENT OF OPIOID OVERDOSES.
The Comptroller General of the United States shall submit
to the Committee on the Judiciary of the House of
Representatives, the Committee on Oversight and Government
Reform of the House of Representatives, the Committee on the
Judiciary of the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on--
(1) the extent to which the Director of National Drug
Control Policy has reviewed Good Samaritan laws, and any
findings from such a review, including findings related to
the potential effects of such laws, if available;
(2) efforts by the Director to encourage the enactment of
Good Samaritan laws; and
(3) a compilation of Good Samaritan laws in effect in the
States, the territories, and the District of Columbia.
SEC. 4. DEFINITIONS.
In this Act--
(1) the term ``Good Samaritan law'' means a law of a State
or unit of local government that exempts from criminal or
civil liability any individual who administers an opioid
overdose reversal drug or device, or who contacts emergency
services providers in response to an overdose; and
(2) the term ``opioid'' means any drug, including heroin,
having an addiction-forming or addiction-sustaining liability
similar to morphine or being capable of conversion into a
drug having such addiction-forming or addiction-sustaining
liability.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Michigan (Mr. Conyers)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on H.R. 5048, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 5048, the Good Samaritan Assessment Act of 2016, was introduced
by our colleague, Congressman Frank Guinta, co-chair of the House
Bipartisan Task Force to Combat the Heroin Epidemic. This legislation
directs the Government Accountability Office to study the various Good
Samaritan laws in effect in States across the country.
Generally speaking, every State has some form of Good Samaritan law,
which protects from prosecution citizens who render aid in good faith
to someone in need of assistance. As a general matter, courts will not
hold a Good Samaritan liable if he or she rendered care as a result of
an emergency, the emergency or injury was not caused by the Good
Samaritan himself, and the care was not given in a negligent or
reckless manner.
In the context of opioids, Good Samaritan law refers to laws that
provide immunity for responding to an opioid overdose by rendering aid
or by calling 911.
Today more than half the States and the District of Columbia have
enacted some form of Good Samaritan law that provides immunity or
limits liability for those who report an opioid overdose or render care
to a person experiencing such an emergency.
In my home State of Virginia, the general assembly passed a Good
Samaritan law in 2015, which provides immunity for individuals who
contact emergency services to report an overdose, provided the caller
remains at the scene of the overdose until law enforcement responds,
identifies himself when law enforcement responds, and cooperates with
any criminal investigation.
Given the recent proliferation of these laws at the State level and
Congress' desire and duty to address the opioid epidemic, it is fitting
we assess how the various Good Samaritan laws work to protect our
citizens and help save lives. H.R. 5048 will direct the GAO to help us
get the information we need.
I urge my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5048, the Good Samaritan
Assessment Act. This legislation is part of a series of bills the House
is considering this week in an effort to address the growing public
health crisis in our Nation that is being caused by a surge in heroin
use and abuse of other opioid drugs.
Without question, abuse of opioid drugs can have serious long-term
effects, including physical and functional changes to the brain
affecting impulse, reward, and motivation. But opioid abuse can have a
more immediate and serious consequence. An overdose can threaten the
life of the victim.
In recent years, heroin and prescription opioid drug overdoses have
risen sharply in the United States. According to the Centers for
Disease Control and Prevention, drug overdose deaths more than doubled
between 1999 and 2014. In 2014 alone, more than 47,000 people died from
drug overdoses, the highest of any previous year.
Fortunately, many of these tragic deaths can be prevented through the
administration of an opioid reversal drug such as naloxone. But to be
effective in saving lives, these drugs must be administered on an
emergency basis.
[[Page H2180]]
First responders answering emergency calls or caregivers who are
treating drug users are frequently in the best position to administer a
lifesaving reversal drug in time to be effective.
An overdose victim's family and friends as well as other drug users
are often the first people to be aware that an individual is suffering
a drug overdose. Nevertheless, these individuals can hesitate or even
fail to call 911 out of fear that they may be prosecuted or otherwise
held liable if something goes wrong.
{time} 1700
Similarly, first responders and other potential caregivers may
hesitate or fail to administer emergency medical treatment for fear of
possible adverse consequences.
To alleviate such concerns and help ensure that overdose victims
receive timely medical treatment, the Office of National Drug Control
Policy has been working with States and municipalities to enact so-
called Good Samaritan laws.
These laws are intended to protect from civil or criminal liability
first responders, caregivers, and others who call for emergency
assistance in overdose cases or administer opioid reversal drugs.
Currently, 35 States and the District of Columbia now have at least
some form of a Good Samaritan or a 911 drug immunity law, but the
protections afforded by these laws vary significantly from jurisdiction
to jurisdiction.
H.R. 5048 directs the Government Accountability Office to study and
report to the appropriate committees of Congress on the efforts of the
Office of National Drug Control Policy to expand Good Samaritan
protections.
In addition, the study would examine any law that exempts from civil
or criminal liability individuals who contact emergency service
providers in response to a drug overdose or who administer opioid
reversal drugs to overdose victims.
The report must also include a compilation of Good Samaritan laws
currently in effect. The analysis and data required to be generated by
H.R. 5048 will greatly assist Congress in understanding the various
policies adopted by the States.
Accordingly, I sincerely urge my colleagues to support H.R. 5048.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, REVIVE! is the Opioid Overdose and Naloxone Education
program for the Commonwealth of Virginia. REVIVE! provides training to
professionals, stakeholders, and others on how to recognize and respond
to an opioid overdose emergency with the administration of naloxone.
REVIVE! is a collaborative effort led by the Virginia Department of
Behavioral Health and Developmental Services, working alongside the
Virginia Department of Health, the Virginia Department of Health
Professions, recovery community organizations such as the McShin
Foundation, OneCare of Southwest Virginia, the Substance Abuse and
Addiction Recovery Alliance of Virginia, and other stakeholders.
Virginia has been severely impacted by opioid abuse, particularly the
abuse of prescription drugs. In 1999, the first year for which such
data is available, approximately 23 people died from abuse of fentanyl,
hydrocodone, methadone, and oxycodone, the leading prescription opioids
abused, commonly referred to as FHMO.
By 2013, the most recent year for which complete data is available,
386 individuals died from the abuse of FHMO, an increase of 1,578
percent, with fentanyl being the primary substance fueling this
increase.
In 2013 alone, there was an increase of more than 100 percent in
deaths attributed to fentanyl use. In 2013, as before in 2011, drug-
related deaths happened at a higher per capita level, 11 deaths per
100,000, than motor vehicle crashes, 10.1 per 100,000.
The 2013 data provides evidence of other disturbing trends in
Virginia, including a sharp rise in heroin deaths. In 2010, only 49
deaths in Virginia were attributed to heroin use. By 2013, that figure
had risen to 213, an increase of 334 percent in only 4 years, while
cocaine deaths remained relatively level.
The changes in drug-related deaths in Virginia in 2013 are not
limited to which substances had the greatest impact. The geography of
the opioid epidemic in Virginia is shifting as well.
In past years, the western portion of Virginia, the portion that I
represent, typically accounted for approximately one-third of drug-
related deaths in any given year. In 2013, for the first time since
these records have been maintained, the prevalence of drug-related
deaths was spread evenly over the Commonwealth, as the eastern region
of Virginia saw an increase of more than 51 percent in drug-related
deaths in a single year.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I yield myself the balance of my time.
Ladies and gentlemen, H.R. 5048 will help to provide valuable
information that will assist comprehensive efforts needed to combat the
growing scourge of opioid abuse that is affecting millions of Americans
and help reduce the tragic loss of life resulting from drug overdoses.
Accordingly, I urge support of the passage of H.R. 5048.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I am pleased to yield such time as he may
consume to the gentleman from New Hampshire (Mr. Guinta), the chief
sponsor of the legislation, to close debate.
Mr. GUINTA. Mr. Speaker, I rise today in support of this legislation,
the Good Samaritan Assessment Act of 2016.
This legislation simply directs the GAO to study State and local Good
Samaritan laws that protect caregivers, law enforcement personnel, and
first responders who administer opioid overdose reversal drugs or
devices, as well as those who contact emergency service providers in
response to an overdose from civil or criminal liability.
A Good Samaritan law offers legal protection to people who give
reasonable assistance to those who are or who they believe to be
injured, ill, or otherwise incapacitated.
These laws vary from jurisdiction to jurisdiction but generally they
prevent an individual who has voluntarily helped a victim in distress
from being successfully sued or prosecuted for wrongdoing. Their
purpose is to keep people from being reluctant to help an individual in
need for fear of legal repercussions.
This legislation is crucial toward understanding which Good Samaritan
laws are working well to provide a framework for others to follow.
In my home State of New Hampshire, last year we had 430 people die
from a drug-related overdose. The number continues to climb because the
coroner's office has not concluded the autopsies from last year.
Imagine a family member who is trying to grieve over their loved one
who had the illness of addiction and somebody stood over that body and
was afraid to help.
I think that this legislation is important, and I am glad that it is
striking a bipartisan tone, because this is about saving lives. This is
about providing assistance to those who are in moments of deepest
despair in their life.
I work on this issue not just on behalf of my constituents and the
50,000 people across the country who have passed due to this sickness,
but I also do it in the name of my friend, Abi Lizotte, who is a
survivor, who is 8 months clean, with a 6-month old child, who
testified at a hearing in New Hampshire about the possibility of
success because she had somebody who assisted her.
This addiction has ripped the country apart. We have an obligation as
a Congress to act, and I am so pleased with the leadership of Chairman
Goodlatte and so many Republicans and Democrats who have shared the
same hope and understanding that life is worth fighting for.
So I urge my colleagues to support this legislation. I appreciate the
committee's work, the chairman's work, the bipartisan work.
Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 5048, the
``Good Samaritan Assessment Act of 2016.''
Our nation currently faces epidemic levels of opioid drug users and
addicts, with a corresponding increase in the number of opioid drug
overdoses and deaths.
[[Page H2181]]
According to the Centers for Disease Control, drug overdose death
rates more than doubled between1999 and 2014.
Each day, more than 100 Americans die as a result of an overdose,
making drug overdoses the leading cause of death in the United States.
Compounding this tragedy is the fact that many of these deaths could
have been prevented if the victim had received emergency medical
treatment.
Opioid reversal drugs such as Naloxone have proven effective in
reversing opioid drug overdoses and reviving victims.
But a victim's chances of surviving an overdose can depend on how
quickly medical assistance is received.
Those closest to a victim--family, friends, or other drug users--are
commonly the first to become aware that an individual is suffering an
overdose and needs emergency medical assistance.
Their prompt call to 911 can mean the difference between life and
death.
Similarly, first responders or other persons serving as caregivers to
individuals with drug problems are often in the best position to
promptly administer a reversal drug.
However, such life-saving assistance may not be made available in
time if a witness to an overdose delays or fails to call 911, or a
caregiver or first responder does not promptly administer an overdose
reversal drug or device, due to fear that they might be prosecuted or
otherwise held responsible for their involvement, or held liable if
something goes wrong.
To encourage people to seek medical attention for someone suffering
an overdose, and to have first responders trained, equipped, and able
to administer opioid reversal drugs or devices, states and localities
need to enact Good Samaritan laws that protect from criminal or civil
liability individuals who seek or provide life-saving assistance in
drug overdose situations.
In 2013, only ten states and the District of Columbia had such drug
overdose Good Samaritan laws.
The Office of National Drug Control Policy (ONDCP) has been working
with states and municipalities to enact Good Samaritan laws providing
protections to individuals who call for emergency assistance and first
responders, law enforcement personnel, and caregivers who administer
opioid reversal drugs or devices.
Thanks in part to ONDCP's efforts, 35 states and the District of
Columbia now have some form of Good Samaritan or emergency drug
treatment immunity law.
Under this bill, the General Accounting Office would provide the
appropriate House and Senate committees with a report on the results of
ONDCP's work, as well as a compilation of the various Good Samaritan
laws currently in effect.
While the report will not take a position on any formulation of such
laws, this information will be helpful to Congress and the states in
cataloging and understanding the various approaches states are taking
with respect to this issue.
With more information, we can make better decisions and adopt the
best approach.
Therefore, I urge my colleagues to support H.R. 5048.
Mrs. LAWRENCE. Mr. Speaker, I rise today in support of H.R. 5048 the
Good Samaritan Assessment Act of 2016. Addiction to opioids and other
prescription pain relievers have become an epidemic in the United
States. According to the National Institute on Drug Abuse, about 2.1
million Americans have an addiction to opioid drugs. While the use or
prescription can assist individual pain, the risk for addiction is
becoming a major problem. This has resulted in people being put into
situations to try to save someone's life a drug overdose. According to
current law, any emergency personnel who administers drugs to combat an
overdose can be prosecuted.
If individuals are worried that they will be punished for saving
someone's life, many lives could be lost to drug overdoses. According
to estimates between 2002-2014 the number of deaths from heroin have
quadrupled and prescription opioids have killed more Americans than all
other drugs combined. In my district, I have seen many people affected
by drug abuse issues and the Good Samaritan Assessment Act will not
only help save the lives of people in our district, but American's
nationwide. This bill will start the process to allow individuals to
not be criminally charged for people administering drugs to save
someone's life.
The Good Samaritan Assessment Act of 2016 will require the
Comptroller General of the United States to study Good Samaritan laws
that pertain to opioid overdoses and other purposes. By passing this
legislation to do research there would be more efforts to encourage
Good Samaritan laws to be put into place in the United States.
I would like to close by saying that I am proud of our chamber for
taking this important step to make sure that Americans would not face
the possibility of being criminally prosecuted for trying to save
someone's life. I also want to thank my colleagues for recognizing the
importance of being a good samaritan, and actively helping those in
need.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 5048.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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