Sec. 5. Limitations on civil liability for certain individuals working at opioid overdose programs
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/bill/114/hr/3719/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, except as provided in paragraph (2), 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— works for or volunteers at an opioid overdose program; and 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. Paragraph
(1)shall not apply if the harm was caused by the gross negligence or reckless misconduct of the individual who provides the drug. Notwithstanding any other provision of law, except as provided in paragraph (2), 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 another opioid, if— the individual who administers the opioid overdose drug— obtained the drug from a health care professional or as part of an opioid overdose program; or administers the drug pursuant to a prescription for an opioid overdose drug that is approved or licensed 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 the individual who administers the opioid overdose drug was educated on— when to administer the drug; how to administer the drug; and steps to be taken after the drug is administered. Paragraph
(1)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. Except as provided in paragraph (2), this section preempts the law of a State to the extent that such law is inconsistent with this section, except that this section 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. Subsections
(a)and
(b)shall not apply to any civil action in a State court against a person who administers opioid overdose drugs if— all parties to the civil action are citizens of the State in which such action is brought; and the State enacts legislation in accordance with State requirements for enacting legislation— citing the authority of this paragraph; declaring the election of the State that such subsections
(a)and
(b)shall not apply, as of a date certain, to any civil actions covered by this section; and containing no other provisions. In this section — the term health care professional means a person licensed by a State to prescribe prescription drugs; 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 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.
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Sec. 5
Limitations on civil liability for certain individuals working at opioid overdose programs
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