Sec. 305. Good Samaritan immunity
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/bill/118/hr/3375/ih/section-305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part B of title II of the Public Health Service Act is amended by inserting after section 248 of such Act ( 42 U.S.C. 238q ) the following: 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 does so 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 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, 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 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. 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. 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. . The Secretary of Health and Human Services, in coordination with the Administrator of the Drug Enforcement Administration, shall carry out a campaign to increase public awareness of the limitations on civil and criminal liability established by section 249 of the Public Health Service Act, as added by subsection (a).
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Sec. 305
Good Samaritan immunity
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