Sec. 203. Good Samaritan immunity
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/bill/117/hr/2366/ih/section-203A 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 shall be liable in any Federal or State proceeding for harm caused by the emergency administration of an opioid overdose reversal 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 reversal drug obtained the drug from— a health care professional as part of an opioid overdose prevention program; or any source as permitted under applicable State law; or the individual administers the opioid overdose reversal drug in good faith. 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. In this subsection: The term health care professional means a person licensed by a State to prescribe prescription drugs. The term opioid overdose reversal drug means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) that is indicated for the partial or complete reversal of the pharmacological effects of an opioid overdose in the human body. The term opioid overdose prevention program means a program operated by a local health department, harm reduction or other 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 reversal 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. An individual who, in good faith and in a timely manner— seeks medical assistance for another individual who is experiencing a drug overdose shall not be cited, arrested, prosecuted, criminally liable, or subject to any sanction for a violation of a condition of supervised release under section 404 of the Controlled Substances Act ( 21 U.S.C. 844 ) for the possession or use of a controlled substance, or under any other provision of Federal law regulating the misuse of prescription drugs, as a result of seeking such medical assistance; or seeks medical assistance for himself or herself for a drug overdose, or is the subject of a request for medical assistance described in subparagraph (A), shall not be cited, arrested, prosecuted, criminally liable, or subject to any sanction for a violation of a condition of supervised release, under section 404 of the Controlled Substances Act ( 21 U.S.C. 844 ) for the possession or use of a controlled substance, or under any other provision of Federal law regulating the misuse of prescription drugs, as a result of seeking such medical assistance. This subsection preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. In this section: The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). The term drug overdose means an acute condition resulting from or believed to be resulting from the use of a controlled substance, which an individual, who is not a health care professional, would reasonably believe requires medical assistance. The term prescription drug means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ). The terms seeks medical assistance and seeking such medical assistance include— reporting a drug or alcohol overdose or other medical emergency to a law enforcement authority, the 9–1–1 system, a poison control center, or a medical provider; assisting another individual who is making a report described in clause (i); or providing care to someone who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance. Section 3553 of title 18, United States Code, is amended— by redesignating subsection
(g)as subsection (h); and by inserting after subsection
(f)the following: Notwithstanding any other provision of law, in imposing a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 against a defendant convicted of an offense as a result of seeking medical assistance for another individual who is experiencing a drug overdose, or for himself or herself for a drug overdose, other than an offense described in section 203(b)(1)(A) of the STOP Fentanyl Act of 2021 , the court shall consider the act of seeking medical assistance as a mitigating factor. In this subsection, the terms drug overdose and seeking medical assistance have the meanings given to such terms in section 203(b) of the STOP Fentanyl Act of 2021 . .
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