[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.

                          ____________________