Bill Text: OH SB57 | 2013-2014 | 130th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To establish a one-year pilot project in Lorain County pursuant to which qualified emergency responders in that County may obtain and administer naloxone to revive a person suffering from an apparent opioid-related overdose.
Spectrum: Slight Partisan Bill (Republican 47-18)
Status: (Passed) 2013-10-11 - Effective Date [SB57 Detail]
Download: Ohio-2013-SB57-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To establish a one-year pilot project in Lorain County pursuant to which qualified emergency responders in that County may obtain and administer naloxone to revive a person suffering from an apparent opioid-related overdose.
Spectrum: Slight Partisan Bill (Republican 47-18)
Status: (Passed) 2013-10-11 - Effective Date [SB57 Detail]
Download: Ohio-2013-SB57-Engrossed.html
|
|
Senator Manning
Cosponsors:
Senators Jones, Lehner, Hughes, Burke, LaRose, Brown, Tavares, Beagle, Cafaro, Eklund, Faber, Gardner, Hite, Obhof, Oelslager, Patton, Peterson, Sawyer, Schaffer, Schiavoni, Seitz, Smith, Uecker, Widener
To establish a pilot project in Lorain County from | 1 |
August 1, 2013, to July 31, 2014, pursuant to | 2 |
which qualified emergency responders in that | 3 |
County may obtain and administer naloxone to | 4 |
revive a person suffering from an apparent | 5 |
opioid-related overdose. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section: | 7 |
(1) "Action by a professional licensing board" means any | 8 |
sanction or other action by a professional licensing board for | 9 |
conduct that pertains or relates to obtaining or possessing | 10 |
naloxone, or administering naloxone to a person suffering from an | 11 |
apparent opioid-related overdose. | 12 |
(2) "Administer" means the direct application of a drug to a | 13 |
person by inhalation. | 14 |
(3) "Civil liability" means liability in a civil action for | 15 |
injury, death, or loss to person or property that allegedly is | 16 |
caused by, results from, or is related to the administration of | 17 |
naloxone to a person suffering from an apparent opioid-related | 18 |
overdose. | 19 |
(4) "Criminal prosecution" means prosecution for a violation | 20 |
of any of the following based on conduct that pertains or relates | 21 |
to obtaining or possessing naloxone or to administering naloxone | 22 |
to a person suffering from an apparent opioid-related overdose: | 23 |
(a) Any prohibition under Chapter 2925., 3719., or 4729. of | 24 |
the Revised Code or under any other provision of the Revised Code; | 25 |
(b) Any prohibition under any ordinance of a municipal | 26 |
corporation that is substantially similar to any prohibition | 27 |
described in division (A)(2)(a) of this section. | 28 |
(5) "Dispense" has the same meaning as in section 3719.01 of | 29 |
the Revised Code. | 30 |
(6) "Emergency medical service organization" has the same | 31 |
meaning as in section 4765.01 of the Revised Code. | 32 |
(7) "Emergency responder" means any of the following who | 33 |
serves in Lorain County: | 34 |
(a) A person who is a "first responder," "emergency medical | 35 |
technician-basic" or "EMT-basic," "emergency medical | 36 |
technician-intermediate" or "EMT-I," or "emergency medical | 37 |
technician-paramedic" or "paramedic," all as defined in section | 38 |
4765.01 of the Revised Code; | 39 |
(b) A "peace officer," as defined in section 2935.01 of the | 40 |
Revised Code; | 41 |
(c) A "firefighter," as defined in section 149.43 of the | 42 |
Revised Code. | 43 |
(8) "Licensed health professional" means any of the following | 44 |
who serves in Lorain County: | 45 |
(a) A physician who is authorized under Chapter 4731. of the | 46 |
Revised Code to practice medicine and surgery, osteopathic | 47 |
medicine and surgery, or podiatric medicine and surgery; | 48 |
(b) A physician assistant who holds a certificate to | 49 |
prescribe issued under Chapter 4730. of the Revised Code; | 50 |
(c) A clinical nurse specialist, certified nurse-midwife, or | 51 |
certified nurse practitioner who holds a certificate to prescribe | 52 |
issued under section 4723.48 of the Revised Code. | 53 |
(9) "Qualified emergency responder" means any emergency | 54 |
responder who has received a letter under division (G) of this | 55 |
section indicating satisfactory completion of the training | 56 |
described in that division. | 57 |
(10) "Registered nurse" means a registered nurse licensed | 58 |
under Chapter 4723. of the Revised Code who serves in Lorain | 59 |
County. | 60 |
(B) There is hereby established a pilot project in Lorain | 61 |
County pursuant to which qualified emergency responders who serve | 62 |
in that County may obtain and administer naloxone in accordance | 63 |
with divisions (C) and (D) of this section to a person suffering | 64 |
from an apparent opioid-related overdose in order to revive the | 65 |
person. The pilot program established under this division shall | 66 |
commence on August 1, 2013, and shall terminate on July 31, 2014. | 67 |
(C) During the period described in division (B) of this | 68 |
section, a licensed health professional who is authorized to | 69 |
prescribe naloxone, if acting with reasonable care, may prescribe, | 70 |
dispense, or personally furnish naloxone to any qualified | 71 |
emergency responder without being subject to civil liability, | 72 |
action by a professional licensing board, or criminal prosecution | 73 |
if the qualified emergency responder, before the naloxone is | 74 |
prescribed, dispensed, or furnished, signs an affidavit stating | 75 |
that the naloxone will be used only for the purpose described in | 76 |
division (D)(2) of this section. The immunity from civil liability | 77 |
provided by this division is subject to division (F) of this | 78 |
section. | 79 |
(D)(1) A qualified emergency responder is not subject to | 80 |
civil liability, action by a professional licensing board, or | 81 |
criminal prosecution for any of the following conduct: | 82 |
(a) During the period described in division (B) of this | 83 |
section, the qualified emergency responder, acting in good faith, | 84 |
obtains naloxone or a prescription for naloxone from a licensed | 85 |
health professional as described in division (C) of this section | 86 |
or obtains naloxone pursuant to a prescription from a licensed | 87 |
health professional as described in that division, so that the | 88 |
qualified emergency responder may obtain and use the naloxone for | 89 |
the purposes described in division (D)(1)(b) of this section; | 90 |
(b) During the period described in division (B) of this | 91 |
section, the qualified emergency responder, acting in good faith, | 92 |
administers naloxone obtained from a licensed health professional | 93 |
as described in division (C) of this section or obtained pursuant | 94 |
to a prescription from a licensed health professional as described | 95 |
in that division to a person suffering from an apparent | 96 |
opioid-related overdose in order to revive the person. | 97 |
(2) The immunity from civil liability provided by division | 98 |
(D)(1) of this section is subject to division (F) of this section. | 99 |
(E) If, during the period described in division (B) of this | 100 |
section, a qualified emergency responder who serves an emergency | 101 |
medical service organization, law enforcement agency, or | 102 |
firefighting agency engages in conduct described in division | 103 |
(D)(1)(a) or (b) of this section, the organization or agency is | 104 |
not subject to civil liability, action by a professional licensing | 105 |
board, or criminal prosecution for that conduct of the qualified | 106 |
emergency responder. The immunity from civil liability provided by | 107 |
this division is subject to division (F) of this section. | 108 |
(F) The immunity from civil liability provided to a licensed | 109 |
health professional by division (C) of this section, provided to a | 110 |
qualified emergency responder by division (D) of this section, | 111 |
provided to an emergency medical service organization, law | 112 |
enforcement agency, or firefighting agency by division (E) of this | 113 |
section, or provided to a licensed health professional or | 114 |
registered nurse by division (G)(2) of this section does not apply | 115 |
if the conduct of the licensed health professional, qualified | 116 |
emergency responder, emergency medical service organization, law | 117 |
enforcement agency, firefighting agency, or registered nurse, | 118 |
whichever is applicable, was with malicious purpose, in bad faith, | 119 |
or in a wanton or reckless manner. | 120 |
(G)(1) The Lorain County Coroner shall provide, or shall | 121 |
designate one or more licensed health professionals or registered | 122 |
nurses to provide, training to emergency responders in recognizing | 123 |
and responding to an opioid overdose. The response training shall | 124 |
include, but shall not be limited to, training in the | 125 |
administration of naloxone to a person suffering from an apparent | 126 |
opioid-related overdose in order to revive the person. The Lorain | 127 |
County Coroner shall provide to each emergency responder who | 128 |
satisfactorily completes the training a letter indicating | 129 |
satisfactory completion of the training. An emergency responder is | 130 |
not a qualified emergency responder for purposes of this section | 131 |
unless the emergency responder has received the training described | 132 |
in this division. The training described in this division shall be | 133 |
made available to each emergency responder who obtains approval of | 134 |
the emergency medical service organization, law enforcement | 135 |
agency, or firefighting agency served by the responder. The | 136 |
training shall be made available at any time on or after the | 137 |
effective date of this act and prior to the end of the period | 138 |
described in division (B) of this section. | 139 |
(2) If the Lorain County Coroner, a licensed health | 140 |
professional, or a registered nurse provides to any emergency | 141 |
responder training of the type described in division (G)(1) of | 142 |
this section or a letter indicating satisfactory completion of | 143 |
that training, or if the Loran County Coroner designates any | 144 |
licensed health professional or registered nurse to provide such | 145 |
training to any emergency responder, the Coroner, professional, or | 146 |
nurse is not subject to civil liability, action by a professional | 147 |
licensing board, or criminal prosecution for any conduct of the | 148 |
emergency responder described in division (D)(1)(a) or (b) of this | 149 |
section. The immunity from civil liability provided by this | 150 |
division is subject to division (F) of this section. | 151 |
(H)(1) If a qualified emergency responder who serves an | 152 |
emergency medical service organization, law enforcement agency, or | 153 |
firefighting agency obtains naloxone from a licensed health | 154 |
professional as described in division (C) of this section or | 155 |
obtains naloxone pursuant to a prescription from a licensed health | 156 |
professional as described in that division, the emergency medical | 157 |
service organization, law enforcement agency, or firefighting | 158 |
agency shall maintain a record of the receipt and use of the | 159 |
naloxone. The record shall include all of the following for each | 160 |
qualified emergency responder who serves the organization or | 161 |
agency and obtains naloxone in that manner: | 162 |
(a) The identity of the qualified emergency responder; | 163 |
(b) The amount of naloxone obtained in that manner by the | 164 |
qualified emergency responder; | 165 |
(c) The licensed health professional who prescribed, | 166 |
dispensed, or personally furnished the naloxone to the qualified | 167 |
emergency responder in that manner. | 168 |
(d) If the qualified emergency responder administers any of | 169 |
the naloxone as described in division (D)(1)(b) of this section, | 170 |
the identity of the responder, the date of the administration, the | 171 |
amount administered, the circumstances of the administration, the | 172 |
individual to whom the naloxone was administered, and the outcome | 173 |
of the administration. | 174 |
(2) Each emergency medical service organization, law | 175 |
enforcement agency, or firefighting agency that maintains a record | 176 |
under division (H)(1) of this section shall send monthly reports | 177 |
containing the information in the record to the Lorain County | 178 |
Narcan Task Force, the Lorain County Coroner, and the Director of | 179 |
the Ohio Department of Health in the manner and at the times | 180 |
specified in this division. Each report sent to the Task Force, | 181 |
the Coroner, and the Director shall cover one calendar month, | 182 |
shall contain the information in the record that pertains to that | 183 |
month, shall be prepared on the uniform standardized reporting | 184 |
form developed by the Lorain County Coroner under division (I) of | 185 |
this section, and shall be sent to the Task Force, the Coroner, | 186 |
and the Director not later than the fifth day of the calendar | 187 |
month following the month covered by the report. A report shall be | 188 |
sent for each calendar month during which the pilot project | 189 |
established under division (B) of this section is in existence. | 190 |
(3) Upon receipt of the reports pursuant to division (H)(2) | 191 |
of this section, the Lorain County Narcan Task Force and the Ohio | 192 |
Department of Health each shall conduct a separate study of the | 193 |
effectiveness of the pilot project established under division (B) | 194 |
of this section and each shall prepare a separate report that | 195 |
contains the Task Force's or Department's findings and | 196 |
recommendation as to whether the pilot project should be continued | 197 |
in Lorain County, whether similar pilot projects should be | 198 |
established in counties other than Lorain County, whether state | 199 |
law should be amended to provide for naloxone distribution and use | 200 |
by emergency responders throughout the state in a manner similar | 201 |
to the distribution and use in Lorain County under the pilot | 202 |
project, or whether the pilot project should expire without | 203 |
extension, expansion, or adoption on a statewide basis. | 204 |
Not later than November 1, 2014, the Lorain County Narcan | 205 |
Task Force and the Ohio Department of Health each shall send a | 206 |
copy of its report required by this division to the Governor, the | 207 |
President and Minority Leader of the Senate, the Speaker and | 208 |
Minority Leader of the House of Representatives, and the Director | 209 |
of the Department of Alcohol and Drug Addiction Services. | 210 |
(I) The Lorain County Coroner shall develop a uniform | 211 |
standardized reporting form to be used by emergency medical | 212 |
service organizations, law enforcement agencies, and firefighting | 213 |
agencies to make the monthly reports required by division (H)(2) | 214 |
of this section. | 215 |