Opioid Overdose Reduction Act of 2014 - Exempts from liability for harm caused by the emergency administration of an opioid overdose drug:
Makes such exemptions inapplicable if the harm was caused by gross negligence or reckless misconduct.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4288 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4288
To provide certain protections from civil liability with respect to the
emergency administration of opioid overdose drugs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2014
Mr. Neal introduced the following bill; which was 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line