Opioid Overdose Reduction Act of 2015

Opioid Overdose Reduction Act of 2015

This bill exempts individuals from liability for harm caused by the emergency administration of an opioid overdose drug under certain circumstances. (An opioid is a drug with effects similar to opium, such as heroin.) The individuals exempted from liability are:

• a health care professional who prescribes or provides an opioid overdose drug to an individual at risk of experiencing an opioid overdose or to another individual in a position to assist the individual, if the individual has been educated about opioid overdose prevention and treatment by the health care professional or as part of a government opioid overdose program;
• an individual who provides an opioid overdose drug for emergency administration to another individual authorized to receive it as part of an opioid overdose program; and
• an individual who administers an opioid overdose drug to another individual who appears to have suffered an opioid overdose if the individual obtained the drug from a health care professional or as part of an opioid overdose program and was educated by the professional or program in the proper administration of the drug.

These exemptions are inapplicable if the harm was caused by gross negligence or reckless misconduct.

States can preempt these exemptions by providing additional protections from liability for individuals that administer opioid overdose drugs, or by enacting legislation making the Act not applicable to state civil action involving only citizens from that state.